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

Link to this

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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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

 

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

 

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

 

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

[9][FOI #26759 email]

 

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Information requests to Ministry of Education? If so, please contact us
using this form:

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If you find this service useful as an Official Information officer, please
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page.

 

 

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error please notify the author immediately and erase all copies of the
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responsibility for changes made to this message or attachments after
transmission from the Ministry.

References

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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. mailto:[FOI #26759 email]
8. https://aka.ms/LearnAboutSenderIdentific...
9. mailto:[FOI #26759 email]
10. mailto:[Ministry of Education request email]
11. https://fyi.org.nz/change_request/new?bo...
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From: Enquiries National
Ministry of Education


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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]

 

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

DISCLAIMER:
This email and any attachments may contain information that is
confidential and subject to legal privilege. If you are not the intended
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.

References

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1. http://www.education.govt.nz/
2. https://www.education.govt.nz/

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From: Enquiries National
Ministry of Education


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Attachment 1328719 1328940 1329041 Response.pdf
344K Download View as HTML


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]

 

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

DISCLAIMER:
This email and any attachments may contain information that is
confidential and subject to legal privilege. If you are not the intended
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.

References

Visible links
1. http://www.education.govt.nz/
2. https://www.education.govt.nz/

hide quoted sections

Link to this

From: Enquiries National
Ministry of Education


Attachment image001.png
9K Download

Attachment 1328719 1328940 1329041 Response.pdf
344K Download View as HTML


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]

 

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

DISCLAIMER:
This email and any attachments may contain information that is
confidential and subject to legal privilege. If you are not the intended
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.

References

Visible links
1. http://www.education.govt.nz/
2. https://www.education.govt.nz/

hide quoted sections

Link to this

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

Link to this

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.  

 

  

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

DISCLAIMER:
This email and any attachments may contain information that is
confidential and subject to legal privilege. If you are not the intended
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.

hide quoted sections

Link to this

From: Enquiries National
Ministry of Education


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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.

 

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

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

DISCLAIMER:
This email and any attachments may contain information that is
confidential and subject to legal privilege. If you are not the intended
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.

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

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From: Enquiries National
Ministry of Education


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3K Download


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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DISCLAIMER:
This email and any attachments may contain information that is
confidential and subject to legal privilege. If you are not the intended
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.

References

Visible links
1. https://assets.education.govt.nz/public/...
2. https://bulletins.education.govt.nz/
3. mailto:[email address]
4. http://www.education.govt.nz/
5. https://www.education.govt.nz/

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From: Erika Whittome

Dear Enquiries National,
I have lodged a complaint to the Ombudsman about this information not being supplied .

Yours sincerely,

Erika Whittome

Link to this

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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DISCLAIMER:
This email and any attachments may contain information that is
confidential and subject to legal privilege. If you are not the intended
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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