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Kia ora Maurice,

The information you have requested is withheld in full under the following
sections of the Act:

o Section 9(2)(b)(ii), where its release would likely unreasonably
prejudice the commercial position of the person who supplied the
information;
o Section 9(2)(ba)(ii), to protect information that is subject to an
obligation of confidence and making it available would likely damage
the public interest; and
o Section 9(2)(c), to avoid prejudice to measures to protect the health
or safety of the public.

I have considered the countervailing public interest in release in making
this decision and consider that it does not outweigh the need to withhold
at this time.  

You may be interested in a summary statement with information on the
COVID-19 vaccine procurement process and the nature of the commitments
made by the Government across all the contracts. The summary statement can
be found
here: [5]www.health.govt.nz/about-ministry/information-releases/general-information-releases/summary-statement-new-zealand-covid-19-vaccine-procurement-process-and-contracts-suppliers  

If you wish to discuss any aspect of your request with us, including this
decision, please feel free to contact the OIA Services Team
on: [6][email address]

Under section 28(3) of the Act, you have the right to ask the Ombudsman to
review any decisions made under this request. The Ombudsman may be
contacted by email at: [7][email address] or by calling 0800
802 602.

Ngā mihi

 

  

OIA Services Team
Manatū Hauora | Ministry of Health
[8]Ministry of Health information releases 

 

 

------------------- Original Message -------------------
From: Maurice McGrath <[FOI #27801 email]>; 
Received: Wed Jul 24 2024 12:53:09 GMT+1200 (New Zealand Standard Time)
To: OIA Requests <[email address]>; OIA <[email address]>; 
Subject: Official Information request - Un-redacted copies of the Pfizer
and BioNTech Contracts for COVID-19 'vaccines'

Dear Ministry of Health,

Former Finance Minister Grant Robertson signed waivers of liability to
Pfizer and BioNTech and specific associated persons in relation to the
COVID-19 'vaccine', properly described as a 'synthetic gene, lipid
nanoparticle injectable product' as follows:

"On 5 October 2020, I, Grant Robertson, Minister of Finance, on behalf of
the Crown, gave an indemnity to Pfizer Inc and BioNTech and specific
associated persons in relation to the supply of a COVID-19 vaccine. Dated
at Thorndon this 22 day of November 2020.
AND
"On 22 December 2020 , I Grant Robertson, Minister of Finance, on behalf
of the Crown, gave an indemnity to Pfizer New Zealand Limited, Pfizer Inc
and BioNTech and specific associated persons in relation to the supply of
a COVID-19 vaccine. Dated at Wellington this 11th day of February 2021.
Hon Grant Robertson Minister of Finance"

You will be familiar with the explicit acknowledgement by Pfizer in their
'BNT162b2 5.3.6 Cumulative Analysis of Post-authorization Adverse Event
Reports', 28 Feb 2021 released 30 Apr 2021, where you may have noted that
the "vaccine" is referred to specifically as an "investigational" product,
as written, "...investigational COVID-19 Vaccine (BNT162b2)" in the
'Pfizer/BioNTech’s proposal for the clinical and post-authorization safety
data package for the Biologics License Application (BLA)'.

This above observation is extraordinary and appears of both public and
legal concern as two separate liability waivers were extended to two
separate commercial entities and their associated persons for an
'investigational' injectable product about which claims of 'safe and
effective' could not be legitimately or scientifically asserted, let alone
be allowed to extend to a notion of 'fully informed consent. 

Furthermore, the 'investigational' product was to be used contrary to the
Medicine Act of the day, which prohibited the use of an experimental
measure as a wide scale public health intervention. Thus the Ministerial
provision of liability waivers could be argued as an 'ultra vires' act by
The Minister, further demonstrated by the ad hoc amendment later
implemented of the Medicine Act in March 2021, by then Minister of Health,
Trevor Little.  

Please provide the un-redacted copies of the Pfizer and BioNTech Contracts
for COVID-19 'vaccines' to which the liability waivers of October 2020 and
December 2020 applied that were signed by Minister Grant Robertson. For
the above stated reasons there is very significant public concern and
concomitant legal interest.

Yours faithfully,

Dr Maurice McGrath PhD, MSc, DO(BCOM, Lon)

 

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References

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5. https://www.health.govt.nz/about-ministr...
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8. https://www.health.govt.nz/about-ministr...

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