Unvaxed Education staff not allowed to be terminated until 2 Jan 2022
Erika Whittome made this Official Information request to Ministry of Education
The request was refused by Ministry of Education.
From: Erika Whittome
Dear Ministry of Education,
I am requesting the information about the MoE's understanding of the "Schedule 1
Transitional, savings, and related provisions" dated 7 Nov 2021 in the COVID-19 Public Health Response (Vaccinations) Order 2021.
The COVID-19 Public Health Response (Vaccinations) Order 2021 did not come in to affect for education workers until 2 Jan 2022.
I will copy and paste clause 8 of this order:
8 Transitional provision for relevant PCBUs of affected education services
Clause 8(1) and (3) does not apply to a relevant PCBU of an affected education
service until 2 January 2022.
Would you kindly share any memos, correspondence, legal advice, inter-ministry comms etc around Oct and Nov 2021 regarding this clause 8 and which Education bulletins this information was discussed for and published.
Yours faithfully,
Erika Whittome
From: Enquiries National
Ministry of Education
Tēnā koe mō tō īmēra mai ki te Tāhuhu o Thank you for your email to the
te Mātauranga. Ministry of Education.
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From: Enquiries National
Ministry of Education
Kia ora Erika
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 11 June 2024. 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 | Ministry of Education - TW
[2]education.govt.nz | [3]Follow us on Twitter: @educationgovtnz
[4]Te TD huhu o te MD tauranga
-----Original Message-----
From: Erika Whittome <[5][FOI #26759 email]>
Sent: Monday, May 13, 2024 2:14 PM
To: Enquiries National <[6][email address]>
Subject: Official Information request - Unvaxed Education staff not
allowed to be terminated until 2 Jan 2022
[You don't often get email from
[7][FOI #26759 email]. Learn why this is
important at [8]https://aka.ms/LearnAboutSenderIdentific... ]
Dear Ministry of Education,
I am requesting the information about the MoE's understanding of the
"Schedule 1 Transitional, savings, and related provisions" dated 7 Nov
2021 in the COVID-19 Public Health Response (Vaccinations) Order 2021.
The COVID-19 Public Health Response (Vaccinations) Order 2021 did not
come in to affect for education workers until 2 Jan 2022.
I will copy and paste clause 8 of this order:
8 Transitional provision for relevant PCBUs of affected education services
Clause 8(1) and (3) does not apply to a relevant PCBU of an affected
education service until 2 January 2022.
Would you kindly share any memos, correspondence, legal advice,
inter-ministry comms etc around Oct and Nov 2021 regarding this clause 8
and which Education bulletins this information was discussed for and
published.
Yours faithfully,
Erika Whittome
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From: Enquiries National
Ministry of Education
Kia ora Erika
Please find attached a response to your requests under the Official
Information Act 1982.
Nāku noa, nā,
Official and Parliamentary Information | Ministry of Education | CG
[1]education.govt.nz
He mea tārai e mātou te mātauranga kia rangatira ai, kia mana taurite ai
ōna huanga
We shape an education system that delivers equitable and excellent
outcomes
[2][IMG]
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From: Enquiries National
Ministry of Education
Kia ora Erika
Please find attached a response to your requests under the Official
Information Act 1982.
Nāku noa, nā,
Official and Parliamentary Information | Ministry of Education | CG
[1]education.govt.nz
He mea tārai e mātou te mātauranga kia rangatira ai, kia mana taurite ai
ōna huanga
We shape an education system that delivers equitable and excellent
outcomes
[2][IMG]
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From: Enquiries National
Ministry of Education
Kia ora Erika
Please find attached a response to your requests under the Official
Information Act 1982.
Nāku noa, nā,
Official and Parliamentary Information | Ministry of Education | CG
[1]education.govt.nz
He mea tārai e mātou te mātauranga kia rangatira ai, kia mana taurite ai
ōna huanga
We shape an education system that delivers equitable and excellent
outcomes
[2][IMG]
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recipient, any use, dissemination, distribution or duplication of this
email and attachments is prohibited. If you have received this email in
error please notify the author immediately and erase all copies of the
email and attachments. The Ministry of Education accepts no
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References
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From: Erika Whittome
Dear Enquiries National,
Part 1 of the request for information was:
1. The COVID-19 Public Health Response (Vaccinations) Order 2021 did not come in to affect
for education workers until 2 Jan 2022. I will copy and paste clause 8 of this order:
8 Transitional provision for relevant PCBUs of affected education services Clause
8(1) and (3) does not apply to a relevant PCBU of an affected education service
until 2 January 2022.
Would you kindly share any memos, correspondence, legal advice, inter-ministry comms
etc around Oct and Nov 2021 regarding this clause 8 and which Education bulletins this
information was discussed for and published.
You have shared this document :
https://assets.education.govt.nz/public/...
However there is nothing in this document covering the 2 Jan 2022 date mentioned in the "transitional savings" section of the Vax Order.
A search through the Nov and Dec 2021 bulletins also reveals no hits on https://bulletins.education.govt.nz/
I am requesting memos , correspondence etc on this 2 Jan 2022 date in the Vaccination Order "transitional Savings" . I assume it was discussed by the MoE otherwise it would not have made it into the Order.
Would you kindly provide the information on this date in the order as originally requested?
Yours sincerely,
Erika Whittome
From: Enquiries National
Ministry of Education
Tēnā koe mō tō īmēra mai ki te Tāhuhu o Thank you for your email to the
te Mātauranga. Ministry of Education.
He urupare aunoa tēnei hei whakaatu kua This is an auto generated response
tae mai tō īmēra confirming your email has been
ki a mātou. Kaua noa e whakautu i tēnei received. Please do not respond to this
karere. message.
Mea ake nei ka urupare tonu atu mātou ki We will respond to your email as soon
tō īmēra. as possible.
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recipient, any use, dissemination, distribution or duplication of this
email and attachments is prohibited. If you have received this email in
error please notify the author immediately and erase all copies of the
email and attachments. The Ministry of Education accepts no
responsibility for changes made to this message or attachments after
transmission from the Ministry.
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From: Enquiries National
Ministry of Education
Kia ora Erika
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 9 July 2024. 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 | Ministry of Education - TW
[2]education.govt.nz | [3]Follow us on Twitter: @educationgovtnz
[4]Te TD huhu o te MD tauranga
-----Original Message-----
From: Erika Whittome <[5][FOI #26759 email]>
Sent: Monday, June 10, 2024 2:43 PM
To: Enquiries National <[6][email address]>
Subject: Re: OIA 1328719/1328940/1329041 - Response
Dear Enquiries National,
Part 1 of the request for information was:
1. The COVID-19 Public Health Response (Vaccinations) Order 2021 did not
come in to affect for education workers until 2 Jan 2022. I will copy and
paste clause 8 of this order:
8 Transitional provision for relevant PCBUs of affected education services
Clause
8(1) and (3) does not apply to a relevant PCBU of an affected education
service until 2 January 2022.
Would you kindly share any memos, correspondence, legal advice,
inter-ministry comms etc around Oct and Nov 2021 regarding this clause 8
and which Education bulletins this information was discussed for and
published.
You have shared this document :
[7]https://assets.education.govt.nz/public/...
However there is nothing in this document covering the 2 Jan 2022 date
mentioned in the "transitional savings" section of the Vax Order.
A search through the Nov and Dec 2021 bulletins also reveals no hits on
[8]https://bulletins.education.govt.nz/
I am requesting memos , correspondence etc on this 2 Jan 2022 date in the
Vaccination Order "transitional Savings" . I assume it was discussed by
the MoE otherwise it would not have made it into the Order.
Would you kindly provide the information on this date in the order as
originally requested?
Yours sincerely,
Erika Whittome
-----Original Message-----
Kia ora Erika
Please find attached a response to your requests under the Official
Information Act 1982.
Nāku noa, nā,
Official and Parliamentary Information | Ministry of Education | CG
[1]education.govt.nz
He mea tārai e mātou te mātauranga kia rangatira ai, kia mana taurite ai
ōna huanga We shape an education system that delivers equitable and
excellent outcomes [2][IMG]
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[9][FOI #26759 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[10]https://fyi.org.nz/help/officers
If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.
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email and attachments is prohibited. If you have received this email in
error please notify the author immediately and erase all copies of the
email and attachments. The Ministry of Education accepts no
responsibility for changes made to this message or attachments after
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References
Visible links
1. mailto:[email address]
2. http://www.education.govt.nz/
3. https://twitter.com/mineducationnz
5. mailto:[FOI #26759 email]
6. mailto:[email address]
7. https://assets.education.govt.nz/public/...
8. https://bulletins.education.govt.nz/
9. mailto:[FOI #26759 email]
10. https://fyi.org.nz/help/officers
hide quoted sections
From: Enquiries National
Ministry of Education
Kia ora Erika
Thank you for your email of 10 June 2024 via the FYI website, as a follow
up to your previous request under the Official Information Act 1982 (the
Act), requesting the following information:
Part 1 of the request for information was:
1. The COVID-19 Public Health Response (Vaccinations) Order 2021 did not
come in to affect for education workers until 2 Jan 2022. I will copy
and paste clause 8 of this order:
8 Transitional provision for relevant PCBUs of affected education services
Clause
8(1) and (3) does not apply to a relevant PCBU of an affected education
service until 2 January 2022.
Would you kindly share any memos, correspondence, legal advice,
inter-ministry comms etc around Oct and Nov 2021 regarding this clause 8
and which Education bulletins this information was discussed for and
published.
You have shared this document :
[1]https://assets.education.govt.nz/public/...
However there is nothing in this document covering the 2 Jan 2022 date
mentioned in the "transitional savings" section of the Vax Order.
A search through the Nov and Dec 2021 bulletins also reveals no hits on
[2]https://bulletins.education.govt.nz/
I am requesting memos , correspondence etc on this 2 Jan 2022 date in the
Vaccination Order "transitional Savings" . I assume it was discussed by
the MoE otherwise it would not have made it into the Order.
Would you kindly provide the information on this date in the order as
originally requested?
As advised in our response to your previous request, any further
information was refused under section 18(f) of the Act, as the information
requested cannot be made available without substantial collation or
research. We advised that this was due to the significant volume of
information regarding the topics shared with schools via the Bulletins at
the time, and that it was not centrally stored in a manner in which it
would be easily retrieved. We also advised that in coming to this
decision, as required by sections 18A and 18B of the Act, there was
consideration as to whether the Ministry would be able to meet your
request by seeking further refinement, fixing a charge, or extending the
time limit for responding, but found that none of these mechanisms would
be appropriate, and any possible refinement would be unlikely to reduce
the volume of material significantly.
Additionally, we advised that correspondence seeking or receiving legal
advice would be withheld under section 9(2)(h) of the Act, to maintain
legal professional privilege.
Thank you again for your email. You have the right to ask an Ombudsman to
review my decision on your request, in accordance with section 28 of the
Act. You can do this by writing to [3][email address] or to
Office of the Ombudsman, PO Box 10152, Wellington 6143.
Nāku noa, nā,
Official and Parliamentary Information | Ministry of Education | CM
[4]education.govt.nz
He mea tārai e mātou te mātauranga kia rangatira ai, kia mana taurite ai
ōna huanga
We shape an education system that delivers equitable and excellent
outcomes
[5]Te Tāhuhu o te Mātauranga
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email and attachments. The Ministry of Education accepts no
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References
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2. https://bulletins.education.govt.nz/
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4. http://www.education.govt.nz/
5. https://www.education.govt.nz/
hide quoted sections
From: Erika Whittome
Dear Enquiries National,
I have lodged a complaint to the Ombudsman about this information not being supplied .
Yours sincerely,
Erika Whittome
From: Enquiries National
Ministry of Education
Tēnā koe mō tō īmēra mai ki te Tāhuhu o Thank you for your email to the
te Mātauranga. Ministry of Education.
He urupare aunoa tēnei hei whakaatu kua This is an auto generated response
tae mai tō īmēra confirming your email has been
ki a mātou. Kaua noa e whakautu i tēnei received. Please do not respond to this
karere. message.
Mea ake nei ka urupare tonu atu mātou ki We will respond to your email as soon
tō īmēra. as possible.
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error please notify the author immediately and erase all copies of the
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From: Erika Whittome
Dear Ministry of Education,
In response to 2. " Any attempt to collate such information would require a keyword search of the Ministry’s systems that would be likely to generate a significant volume of ‘hits’ to search through in order to determine if they were in scope. I am therefore also refusing this part of your request under section 18(f) of the Act, as above."
I dispute that searching and generating "hits" is ground to refuse to locate the information. It merely requires a more refined keyword search.
Yours faithfully,
Erika Whittome
SPENCER JONES left an annotation ()
Review of the OIA Request and Responses for Obfuscation, Misinformation, Disinformation, or Misleading Comments.
Under New Zealand’s Official Information Act 1982, public authorities like the MoE are required to provide requested information unless specific grounds for refusal apply (e.g., sections 18 or 9). The MoE’s responses to Whittome’s request raise concerns about transparency and compliance. Below, I outline potential issues of obfuscation, misleading statements, or inadequate handling of the request:
1. Refusal Under Section 18(f) – Substantial Collation or Research
• MoE’s Claim: The MoE refused part of Whittome’s request under section 18(f) of the OIA, stating that providing the requested information (memos, correspondence, etc., related to the January 2, 2022, date) would require “substantial collation or research” due to the “significant volume of information” and lack of centralized storage. They further noted that a keyword search would generate too many “hits” to process.
• Analysis: This refusal may constitute obfuscation. Section 18(f) requires agencies to demonstrate that the effort to retrieve information is genuinely substantial. The MoE’s vague reference to a “significant volume of hits” lacks specificity about the scope of the search or why it would be unduly burdensome. Whittome’s follow-up on June 25, 2025, correctly challenges this, arguing that a refined keyword search could address the issue. The MoE’s failure to explore this option or provide details about the search process (e.g., estimated number of documents or hours required) suggests a lack of good faith effort to comply with the OIA. Under section 18A, the MoE is required to consider whether refining the request or extending the time limit could make compliance feasible, but their response dismisses these options without justification.
• Potential Issue: The blanket refusal under section 18(f) appears to sidestep the request rather than engage with it constructively, potentially obscuring relevant information.
2. Withholding Legal Advice Under Section 9(2)(h) – Legal Professional Privilege
• MoE’s Claim: The MoE stated that any correspondence involving legal advice would be withheld under section 9(2)(h) to maintain legal professional privilege.
• Analysis: This is a valid ground for withholding under the OIA, but the MoE’s response is overly broad and lacks transparency. They do not confirm whether such legal advice exists or provide a general description of withheld documents (e.g., number or type), which is a best practice to demonstrate compliance. Without this, the response risks appearing evasive, as it leaves Whittome unable to assess whether the privilege claim is justified. Additionally, the MoE does not address whether parts of such documents could be released (e.g., non-privileged sections), as required under section 16(1)(e) of the OIA.
• Potential Issue: The lack of specificity about withheld legal advice could be seen as obfuscation, as it prevents Whittome from understanding the scope of withheld information or challenging the decision.
3. Failure to Address Education Bulletins
• Whittome’s Request: Whittome specifically asked for details of education bulletins discussing Clause 8. In her follow-up, she notes that a search of November and December 2021 bulletins on the MoE’s website yielded no relevant results.
• MoE’s Response: The MoE’s initial response provided a document (linked in the request) that did not address the January 2, 2022, date, and their follow-up does not clarify whether bulletins discussing Clause 8 exist. They reiterate the section 18(f) refusal without addressing Whittome’s point about the absence of relevant bulletins.
• Analysis: This omission is potentially misleading. If no bulletins discussed Clause 8, the MoE should explicitly state this. By not addressing the bulletin component directly, the response creates ambiguity, leaving Whittome to assume either that the information does not exist or that the MoE is unwilling to confirm its absence. This lack of clarity undermines the OIA’s principle of availability.
• Potential Issue: The MoE’s failure to confirm whether relevant bulletins exist or were searched for suggests incomplete engagement with the request.
4. Lack of Proactive Assistance
• Issue: Under section 13 of the OIA, agencies are encouraged to assist requesters in refining or clarifying requests to facilitate access. The MoE acknowledges considering refinement under sections 18A and 18B but dismisses it as “unlikely to reduce the volume of material significantly” without explaining why. Whittome’s suggestion of a refined keyword search indicates her willingness to narrow the scope, yet the MoE does not engage with this proposal or suggest alternative ways to meet her needs.
• Analysis: This lack of assistance could be seen as an attempt to avoid disclosure rather than fulfill the OIA’s purpose of promoting access to information. The MoE’s response feels dismissive, particularly given Whittome’s persistence and specific follow-up.
5. No Evidence of Misinformation or Disinformation
• There is no clear evidence of deliberate misinformation (incorrect information) or disinformation (intentionally false information) in the MoE’s responses. However, the lack of transparency and specificity in addressing Whittome’s request creates an impression of withholding information without adequate justification, which aligns with obfuscation.
SPENCER JONES left an annotation ()
Further research on fyi.org.nz for Relevant Information
To provide additional context and support for this request, I conducted a DeepSearch on fyi.org.nz for OIA requests related to the MoE, COVID-19 vaccination mandates, and education staff terminations or exemptions. Below are key findings that may be relevant:
1. OIA on Terminated Teachers (May 2, 2022)
• An OIA response from the MoE to Ti Lamusse (March 5, 2025) confirms that 225 teachers were terminated as of May 2, 2022, due to non-compliance with the vaccination mandate. This indicates that terminations occurred after the January 2, 2022, date specified in Clause 8, aligning with Whittome’s interest in the transitional provision’s impact.
• Relevance: This confirms that the MoE tracked terminations related to the mandate, suggesting they likely have records or correspondence about the implementation of Clause 8, including the January 2, 2022, date. Whittome could use this to argue that the MoE has relevant data and should be able to locate it with reasonable effort.
2. OIA on MoE Personnel Exemptions (August 30, 2024)
• Kathryn Pick’s OIA request revealed that 59% of the MoE’s 4,352 employees were covered by the 2021 vaccination mandate, and seven exemption applications were processed, all of which were declined. The request for details on the 41% of exempt personnel was not fully answered, indicating potential gaps in MoE’s disclosure practices.
• Relevance: This suggests the MoE has systems for tracking mandate-related data, which could include correspondence about Clause 8. Whittome could reference this to challenge the MoE’s claim that locating such information requires “substantial collation or research.”
3. OIA on Notice Periods for Terminated Teachers (December 2, 2024)
• Another request by Erika Whittome asked for specific advice sent to Tapawera School in December 2021 regarding notice pay for teachers terminated due to vaccination status. The MoE’s response (not provided in the search results) may overlap with the current request, as it deals with the same time period and mandate implementation.
• Relevance: This parallel request indicates Whittome’s broader effort to uncover MoE’s communications about mandate enforcement. If the MoE provided information in this case, it undermines their section 18(f) refusal in the current request, as similar documents may exist.
4. General MoE OIA Responses
• Several OIA responses from the MoE (e.g., to Alistair Morrison, David Farrar, and others) demonstrate that the MoE has provided detailed information in other cases, including successful or partially successful requests. However, refusals under section 18(f) or 9(2)(h) are common when requests involve large datasets or sensitive correspondence.
• Relevance: This pattern suggests the MoE frequently cites section 18(f) to avoid disclosure, which may support Whittome’s complaint to the Ombudsman about inadequate effort to comply.
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- Download a zip file of all correspondence
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SPENCER JONES left an annotation ()
Dear Erika,
Thank you for your persistence in pursuing clarity on Clause 8 of the COVID-19 Public Health Response (Vaccinations) Order 2021. Your OIA request is highly relevant to understanding the transitional legal framework affecting education sector terminations.
The Ministry’s refusal under section 18(f) appears inadequately justified. Their response lacks any estimate of document volume, search burden, or time required—despite your clear offer to refine the request through keyword narrowing. Section 18A obliges agencies to explore such refinement options before refusing.
Likewise, the reliance on section 9(2)(h) for legal advice withholding is arguably overbroad, as they neither confirm the existence of such advice nor describe the nature or number of documents withheld. Best practice under the OIA supports providing this metadata where possible.
Notably, other OIA responses (e.g., request #19252) confirm that 225 teachers were terminated post-January 2022 due to mandate non-compliance. This suggests the Ministry did actively track compliance outcomes and likely retains relevant records on Clause 8 implementation.
I encourage you to emphasise in your Ombudsman complaint:
• The MoE’s failure to provide adequate reasoning under s 18(f);
• Their non-compliance with s 13 and s 18A duties to assist;
• The absence of engagement with the specific bulletin request;
• That similar data has been released in other OIAs, undermining the Ministry’s blanket refusal here.
Thank you for contributing to public transparency and accountability in this critical policy area.
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