Document 1
Memorandum
Scope of amendment to the COVID-19 Public Health Response (Vaccination Order)
2021 to require certain healthcare roles to be undertaken by vaccinated individuals
Date due to MO: 15 Māhuru 2021
Action required by:
17 Māhuru 2021
Security level:
IN CONFIDENCE
Health Report number: HR 20212012
To:
Vaccine Ministers
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Contact for telephone discussion
Name
Position
Telephone
Maree Roberts
Deputy Director-General, System Strategy s 9(2)(a)
and Policy
INFORMATION
Wendy Illingworth
General Manager, Public Health System
s 9(2)(a)
Policy, System Strategy and Policy
Action for Private Secretaries
N/A
Date dispatched to MO:
RELEASED UNDER THE OFFICIAL
Document 1
Scope of amendment to the COVID-19
Public Health Response (Vaccination Order)
2021 to require certain healthcare roles to
be undertaken by vaccinated individuals
Purpose
1.
This memo seeks Vaccine Ministers direction on the policy settings:
a. to require specified work in the health and disability care sector to be undertaken by
vaccinated individuals and
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b. to amend the COVID-19 Public Health Response (Vaccination Order) 2021 (the
Order).
2.
Following your direction, officials will formal y consult with key stakeholders, including
the unions, to refine advice to Ministers on the scope and timing for amending the
Order.
Background and Context
INFORMATION
3.
On 4 August 2021, officials provided advice to Ministers on options to extend regulatory
requirements to be vaccinated against COVID-19 to certain groups of healthcare
workers. Officials were requested to undertake further work on the options presented
including further consultation on the proposals [HR20211564 refers].
4.
Over the last six months, the Ministry has continued to embed expectations and
encourage uptake of vaccinations across the health and disability workforce. Vaccination
helps reduce their exposure to COVID-19 and variant infections during community
outbreaks and the transmission of the disease to their patients, col eagues and whānau.
5.
The Ministry continues to seek ways to ensure the highest standards of care in Aotearoa
New Zealand can be delivered. This supports public confidence and trust in the health and
disability, system, including the workforce.
6.
One way to increase the rates of vaccination within the health and disability sector is to
amend the Order. Requiring certain roles to be undertaken by vaccinated individuals helps
to reduce the risk of COVID-19 infection and transmission in New Zealand.
7.
The Ministry has informally consulted on the propo
RELEASED UNDER THE OFFICIAL sal to extend the scope of the Order
to all roles undertaken in the health and disability system.
8.
District Health Boards (DHBs) have indicated their initial support for regulatory
requirements to be introduced. The Immunisation Implementation Advisory Group (IIAG)
has also noted their general support.
9.
Amending the Order is likely to be supported by people accessing the health system from
a patient’s rights perspective. There is likely to be a reasonable expectation held by
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members of the public that the workforce they are engaging with have taken al
reasonable precautions to prevent the spread of disease, including vaccination.
10.
More consultation is required, particularly with health sector unions, to firm up the scope
of how the Order could be implemented effectively.
Internationally the COVID-19 pandemic remains a huge challenge and other countries have
responded by requiring healthcare workers to be vaccinated
11.
This has been particularly evident in the recent outbreaks and community transmission
in Australia and the spread of the Delta variant across the world. In addition, there is
international evidence that healthcare workers have contributed to the spread of COVID-
19 in hospital settings because of the nature of their work. Healthcare workers have
contracted COVID-19 from patients and in some cases spread the virus to other patients.
12.
Many other countries have required healthcare workers to be vaccinated. These include
Australia, Singapore, Canada, UK, France, Italy, Greece and Fiji. International y, the
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reasons for having healthcare workers vaccinated are:
a.
Scientific – reducing the risk and spread of COVID-19 or variants can protect more
of the population if healthcare workers are vaccinated
b.
Practical – the healthcare system is able to operate and function and remain
resilient when outbreaks of COVID-19 or variants strain the healthcare system when
the healthcare workforce are vaccinated
INFORMATION
Advice
The Government has taken a proportionate response to requiring specific work to be
performed by vaccinated people
13.
Everyone in New Zealand is strongly encouraged to receive the COVID-19 vaccine to
protect themselves, their whānau and the wider community. The programme is focused
on an educational approach to build trust and confidence in the COVID-19 vaccine
through the sharing of regular, credible, and accessible information so individuals can
make an informed decision.
14.
Employers have specific obligations under the Health and Safety at Work Act 2011 to
ensure a safe workplace and this may, in limited circumstances, require certain work to
only be performed by those who have received appropriate vaccination(s) (including, but
not limited to the COVID-19 vaccine).
15.
Some workplaces are considering the health and safety risks of whether a specific role
needs to be performed by a vaccinated person due to the nature of the work and the
risk of exposure to a disease.
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The proportionate response includes legislation to provide that some specified work can
only be undertaken by workers if they have been vaccinated against COVID-19
16.
There is a legislative vehicle to require vaccinations in other groups – Orders under the
COVID-19 Public Health Response Act 2020 (the “COVID-19 Act”). The Act currently
al ows mandatory measures to be used to support the public health response against
COVID-19.
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17.
The COVID-19 Public Health (Vaccinations) Order 2021 (the Order) came into force on 1
May 2021. It requires that certain work at border or MIQ facility only be performed by
vaccinated people.
18.
This was due to the very high risk of exposure to COVID-19 by these workers who play a
critical role in the implementation of our COVID-19 Elimination Strategy. At that stage,
the border was the primary source of COVID-19 infection in New Zealand.
Any further legislative measures need to be carefully considered against the right to refuse
medical treatments and be demonstrably and proportionally justified
19.
Before making an Order, the COVID-19 Act requires that the Minister for COVID-19
Response must be satisfied that the proposed Orders do not limit (or are a justified limit)
on the rights and freedoms under the New Zealand Bil of Rights Act 1990 (BORA).
s 9(2)(h)
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There is strong public health rationale to require certain healthcare roles to be undertaken
by vaccinated people in response to the current pandemic
INFORMATION
21.
There is a risk that many healthcare workers may be exposed to, and infected by, COVID-
19 during their employment and may transmit the disease to others. Several
international studies have shown that vaccination leads to a significant reduction in the
rate of transmission of COVID-19.
22.
Many healthcare workers are providing care in close proximity to many patients, some of
whom may be presenting because they have COVID-19 symptoms. If these healthcare
workers become infected, there is a high risk of transmission of COVID-19 to patients
and healthcare workers and the community. If infection becomes widespread in this
group, it could impact on the functioning of the healthcare system.
23.
Vaccines offer a high degree of protection for individuals who are vaccinated, alongside
a range of other public health measures. A healthcare worker who has been vaccinated
wil have a very high likelihood that they wil be protected from serious il ness or death
and are more likely to be asymptomatic if infected.
24.
Vaccination has a clinical y relevant impact on reducing the risk of transmission. The risk
of COVID-19 infection in New Zealand needs to be considered in light of the presence of
RELEASED UNDER THE OFFICIAL
the increasingly transmissible Delta variant in the community.
Determining the scope of the amendment to the Order is important
25.
s 9(2)(h)
It is also important to ensure workers and employers
understand who is included and excluded from these regulatory requirements.
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26.
In August 2021, COVID-19 Ministers were provided with an overview of options for
making the vaccine a requirement for specific groups of healthcare workers
[H202111564] in the fol owing roles and settings:
a. in aged residential care facilities (ARC),
b. in Home and Community Care Services (HCSS),
c. in primary health care,
d. in settings with vulnerable patients (i.e. ICU),
e. with patient contact (including receptionists and hospital staff), and
f. in critical support services (medical laboratories, catering).
27.
The Minister for COVID-19 Response indicated a preference for the scope of the Order
to cover al healthcare roles outlined in
a – f above.
28.
In assessing the parameters to describe the scope of the policy settings for an Order the
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fol owing considerations were used:
a. ensuring employers and employees within the health and disability care workforce
could interpret how a proposed Order would apply to them
b. balancing the support for a strong public health rationale to require certain
healthcare roles to be undertaken by vaccinated people while carefully considering
people’s right to refuse medical treatment
INFORMATION
c. how practical it would be to monitor and enforce an extension to the scope of the
current vaccination order to include additional healthcare workers across many roles
and settings.
We recommend a broad s 9(2)(g)(i)
approach based on wel understood definitions in
existing legislation and practice
29.
The Ministry does not have an agreed and consistently applied definition of the health
and disability workforce nor a record of al health and disability workers. It is important
to determine a definition to assist in providing clarity for the scope of the policy settings
for an Order to go as broadly as to include al healthcare workers.
30.
The definition of health care services under the Health Practitioners Competence
Assurance Act 2003 is the preferred definition as it is wide and states that health care
services means services provided for the purpose of assessing, improving, protecting, or
managing the physical or mental health of individuals or groups of individuals.
31.
More work is needed to consider how best to broaden the scope of the policy settings
to al healthcare workers. A set of parameters have been the basis of these considered
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namely:
•
to whom the obligation to be vaccinated is applied, i.e. to ensure employees and
employers are able to determine if they are included or excluded under the
obligation
•
the definition of health care services as defined by the Health Practitioners
Competence Assurance Act 2003
•
whether the role is patient or public facing
link to page 6
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•
whether the setting is patient or public facing
•
the risk of exposure to COVID-19 (variant) is high risk to be transmissible
•
the risk of exposure to COVID-19 (variant) is high risk to be fatal.
32.
DHBs have developed COVID-19 pathways
1 to support all those working within the
pathways to be vaccinated. This approach has been recently developed as part of the
response to ensuring an operational and functioning healthcare system is able to deliver
essential health care services while at the same time protecting their workforce.
s 9(2)(g)(i)
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INFORMATION
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Exemptions
1 COVID-19 pathways are where the DHBs have determined the pathway for a high-risk patient with COVID-19 alongside any
identified roles to ensure al those working within this pathway are vaccinated. This approach has been recently developed as part of
their response to ensuring an operational and functioning healthcare system is able to deliver essential health care services
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37.
Since August 2021, applications for an exemption from the COVID-19 Public Health
Response (Vaccination) Order (clause 12A) can be approved where a border worker who
is not vaccinated and where removing the worker from that role would result in
significant disruption to essential supply chains.
38.
These exemptions are decided and granted by the Minister for COVID-19 Response.
Applications can be applied on behalf of the worker (with agreement) by the Person
Conducting a Business or Undertaking (PCBU) if the criteria for exemption is met.
39.
Work is required to determine the details in this context but an exemption process is
necessary for natural justice reasons. We would continue to recommend that exemptions
are decided and granted by the Minister for COVID-19 Response. The reasons for
seeking an exemption are likely to be very limited and relate to having a significant
impact on the effective and continued functioning of the healthcare system.
Equity
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40.
If workers, subject to the Order, are not vaccinated, their employers may choose to
redeploy them; or (fol owing appropriate HR processes) may choose to terminate their
employment. This may impact on a number of Māori and Pacific Peoples in certain
healthcare roles.
41.
Māori have traditional y lower vaccination rates than non-Māori. This may mean that
Māori are more likely to be negatively impacted by the Order.
42.
We also know from historical examples that Māori and Pacific peoples are
INFORMATION likely to be
disproportionality affected by a widespread epidemic. This means that there is an equity
imperative to do everything possible, within the requirement that the Minister must be
satisfied that there are no limitations on rights, or that any limitation on rights is
justified, to minimise the potential risk to the community from COVID-19.
43.
Disabled people who directly employ carers may also be disadvantaged as the
requirement for vaccination through an employer may place additional responsibilities
on them.
Next steps
44.
Unions representing health workers are largely very supportive of voluntary workforce
vaccination. s 9(2)(g)(i)
45.
Consultation with Unions, Office for Disabilities Issues, Privacy Commissioner and Māori
representatives on the scope of an Order is expected to be completed by the end of
September. Home and Community Care Services and private sector healthcare
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employers, which may involve disabled consumers who are also employers of healthcare
workers, s 9(2)(g)(i)
46.
There wil be significant operational, technological and communication and engagement
activity required to support the implementation of the Order. This includes monitoring
and reporting, standards of proof of vaccination and clear guidance to ensure good faith
employment and health and safety practices continue.
47.
Officials wil report back to you in October with an update fol owing consultation and
seeking final decisions on the amendments to the Order. This wil include a detailed
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implementation and communications plan. That advice wil also set out the process and
timing for drafting, consulting, and making the amendment to the Vaccination Order.
Recommendations
It is recommended that you:
1.
note
there is a strong public health rationale to require certain roles to
be undertaken in the health system to be undertaken by
vaccinated individuals
s 9(2)(g)(i)
2.
agree
Yes/No
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3.
note
the Ministry will continue to consult, particularly with health sector
Unions, to support advice on how and when to implement the
change to the COVID-19 Public Health Response (Vaccination
Order) 2021
4.
note
officials wil report back to you in early October following
consultation to seek final decisions on amending the COVID-19
INFORMATION
Public Health Response (Vaccination Order) 2021
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Please note, Appendix 1 is withheld in full under section 9(2)(g)(i) of the Act.
Document 2
Briefing
COVID-19 Public Health Response (Vaccinations) Amendment (No 3) Order
2021: Health Workers, Prison Staff, Educators – for signature
Date due to MO: 22 October 2021
Action required by:
22 October 2021
Security level:
IN CONFIDENCE
Health Report number: 20212209
To:
Hon Chris Hipkins, Minister for COVID-19 Response
Contact for telephone discussion
Name
Position
Telephone
Dr Ashley Bloomfield
Director-General of Health
s 9(2)(a)
Jolanda Meijer
Policy Director, System Strategy and Policy s 9(2)(a)
Minister’s office to complete:
☐ Approved
☐ Decline
☐ Noted
☐ Needs change
☐ Seen
☐ Overtaken by events
under the Official Information Act 1982
☐ See Minister’s Notes
☐ Withdrawn
Comment:
Released
Document 2
COVID-19 Public Health Response
(Vaccinations) Amendment Order (No 3)
2021: Health workers, Prison Staff, and
Educators – for signature
Security level:
IN CONFIDENCE
Date:
22 October 2021
To:
Hon Chris Hipkins, Minister for COVID-19 Response
Purpose of report
1.
This report recommends that you sign the attached COVID-19 Public Health
Response (Vaccinations) Amendment Order (No 3) 2021 (the Amendment Order).
The Amendment Order requires work in the health and disability sector, prisons,
and education services, be undertaken by vaccinated workers.
Summary
2.
On 1 May 2021, the COVID-19 Public Health Response (Vaccinations) Order 2021
(the Order) entered into force and required that certain work only be undertaken
by vaccinated workers.
3.
Cabinet has since agreed to expand the types of work requiring vaccinated
workers, to the
health and disability sector, education sector and at
prisons
[CAB-21-MIN-0413 and CAB-21-MIN-0422 refer]. The Amendment Order would
under the Official Information Act 1982
give effect to those decisions.
4.
Officials recommend that you sign the final Amendment Order no later than
midday on Friday 22 October 2021, so that it can be published in the
New Zealand Gazette that day. This wil al ow officials to meet the statutory
obligation to provide at least 48 hours’ notice between gazetting and the
Amendment Order coming into effect. The Amendment Order wil then come
Released
into effect at 11:59pm on Monday 25 October 2021.
5.
The deadline for workers to have received their first dose and second doses of the
vaccine vary depending on the group of workers, but all workers will need to have
received two doses of the vaccine within 35 days of the commencement date for
their group.
Briefing: HR20212209
1
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Recommendations
We recommend you:
a)
Note that the Ministry considers there is a public health rationale for
Noted
requiring specified roles be performed by vaccinated individuals only, in
response to the current pandemic.
b)
Note that Cabinet agreed to extend the requirement to be vaccinated to
Noted
include workers in the health and disability sector, education sector, and at
prisons [CAB-21-MIN-0413 and CAB-21-MIN-0422 refer].
c)
Note that officials advise that the COVID-19 Public Health Response
Noted
(Vaccinations)
Amendment Order 2021, which gives effect to Cabinet’s
decision, is in line with the purposes of the COVID-19 Public Health
Response Act 2020 (the Act), to prevent and limit the risk of, the outbreak or
spread, of COVID-19.
d)
Note that these measures engage rights protected by the New Zealand Bil
Noted
of Rights Act 1990 (NZBORA).
e)
Note that you must be satisfied that the Amendment Order does not limit,
Noted
or is a justified limit, on the rights and freedoms in the NZBORA, as part of
issuing the Amendment Order.
f)
Note that, as Cabinet’s agreement to extend the vaccination requirement
Noted
fulfils your obligation to consult under section 9(1)(c) of the Act, the COVID-
19 Public Health Response (Vaccinations)
Amendment Order (No 3) 2021 has
been finalised for your approval.
g)
Sign the attached COVID-19 Public Health Response (Vaccinations)
Yes/No
Amendment Order (No 3) 2021 on Friday 22 October 2021.
under the Official Information Act 1982
Dr Ashley Bloomfield
Hon Chris Hipkins
Te Tumu Whakarae mō te Hauora
Minister for COVID-19 Response
Director-General of Health
Released
Date: 22 October 2021
Date:
Briefing: HR20212209
2
Document 2
COVID-19 Public Health Response
(Vaccinations) Amendment Order (No 3)
2021: Health workers, Prison Staff, and
Educators – for signature
Background
6.
On 1 May 2021, the COVID-19 Public Health Response (Vaccinations) Order 2021
(the Order) entered into force and required that certain work only be undertaken
by vaccinated workers.
7.
On 15 July 2021, the Order was amended to extend the groups required to be
vaccinated, and now includes workers:
a. at managed isolation and quarantine facilities (MIQFs)
b. at airside area of affected airports and some other high-risk areas at airports
c. at affected ports
d. at accommodation services where specified aircrew members are self-
isolating
e. who handle items removed from the affected places listed above, and touch
affected items while undertaking work for a relevant Person Conducting a
Business or Undertaking (PCBU).
8.
On 11 October 2021, Cabinet agreed to amend the COVID-19 Public Health
Response (Vaccinations) Order 2021 to require high risk work in the health and
disability sector, and in the education sector, to be undertaken by vaccinated
workers [CAB-21-MIN-0413, CAB-21-MIN-0414 refer].
under the Official Information Act 1982
9.
On 18 October 2021, Cabinet agreed to require work in correction facilities to be
undertaken by vaccinated staff [CAB-21-MIN-0422 refers].
Contents of the amendment order
Health workers
Released
10.
The amendment order requires the fol owing workers in the health and disability
sector to be vaccinated:
a. health practitioners
b. workers who work at a workplace where health services are provided by 1 or
more health practitioners, and whose role involves being within 2 meters or
less of a health practitioner or any member of the public for a period of 15
minutes or more
c. workers employed or engaged by certified providers
Briefing: HR20212209
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under the Official Information Act 1982
Released
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person to carry out work at an education service applies from 2 January 2022.
This obligation is not delayed for PCBUs of other workforces.
Exemption from duty
17.
If a health practitioner believes they require an exemption from the requirement
to be vaccinated, another health practitioner must undertake an examination to
determine whether vaccination would be inappropriate.
Additional duties of relevant education workforce PCBUs in relation to
vaccination
18.
The Amendment Order states that a PCBUs must not al ow an affected person
who provides a home-based education and care service to carry out certain work
unless satisfied that every person over the age of 12 years in the home based
education and care service is provided is vaccinated.
Chief Executive authorisation
19.
Unlike the other groups within the Order, a chief executive cannot authorise
healthcare workers who have not been vaccinated to carry out certain work.
Power of Minster to grant exemptions
20.
The Amendment Order expands the Minister’s power to grant exemptions where
if necessary, or desirable, to prevent significant disruption to health services and
the essential operations of a prison. This wil mitigate any harm that may occur
due to the potential disruption of those services.
Duties of relevant PCBUs employing or engaging health care workers and
corrections staff
21.
The Amendment Order requires a relevant PCBU to keep and maintain a written
record of information of the person’s vaccination status.
Process for amending a section 11 Order
22.
Under the COVID-19 Public Health Response Act 2020 (the Act) an order may be
under the Official Information Act 1982
made if either:
a. an epidemic notice is in force (under the Epidemic Preparedness Act 2006);
b. a state of emergency has been declared (under the Civil Defence Emergency
Management Act 2002); or
c. it has been authorised by the Prime Minister.
Released
23.
There is currently an epidemic notice in place, which al ows orders to be made
under section 11 of the Act.
24.
As the Minister for COVID-19 Response, you may make orders under section 11
of the Act.
25.
To make or amend an order under section 11 you must:
a. have received advice from the Director-General about:
i. the risks of the outbreak or spread of COVID-19
Briefing: HR20212209
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ii. the nature and extent of measures that are appropriate to address
those risks
b. be satisfied that the proposed Amendment Order does not limit or is a
justified limit on the rights and freedoms as specified in New Zealand Bill of
Rights Act (NZBORA).
c. consult with the Prime Minister, the Minister of Justice, Minister of Health,
and any other Ministers you think necessary, and
d. be satisfied that the order is appropriate to achieve the purposes of the Act.
Consultation
26.
As above, under section 9(1)(c) of the COVID-19 Act you are required to consult
with the Prime Minister, Minister of Justice and Minister of Health before making
or amending a COVID-19 order.
27.
As these Ministers form part of Cabinet, their decision to amend the order meets
consultation requirements.
28.
The Ministry of Education and the Department of Corrections were consulted
throughout the development of the Order.
29.
There has been very broad support for the intent of the requirement, but wide
concern in the health and disability sector about the short timeframes for
implementation. There is concern that this does not give people enough time to
get vaccinated before they have to stand down from work, but the principal
concern is that it creates chal enges for staffing services and could leave
significant gaps in rosters. On the basis of this feedback, we have advised
pushing out the dates for health sector compliance to match those of the
Education sector.
Public health rationale
30.
You have previously been provided with advice on the rationale for requiring work
in the health and disability sectors, education sector, and at corrections facilities,
under the Official Information Act 1982
be undertaken by vaccinated workers only [CAB-21-MIN-0413 and CAB-21-MIN-
0422 refer].
31.
Workers in the health and disability sector provide critical health and support
services to all New Zealanders particularly our most vulnerable population. This
population is likely to be at a higher risk of exposure to COVID-19, particularly in
the event of an outbreak and/or work with people who are more likely to
Released
experience serious il ness if infected by COVID-19.
32.
Vaccination helps protect the vulnerable who are at greater risk of being
hospitalised due to COVID-19 and reduces impacts on staffing within the health
and disability sector if COVID-19 circulates, ensuring the system is more resilient
in the event of an outbreak.
33.
If a worker at a corrections facility becomes infected with COVID-19, they could
become a vector for transmission into a prison. Due to their confined living
conditions, prisoners general y are conspicuously vulnerable to COVID-19.
Briefing: HR20212209
6
Document 2
New Zealand Bill of Rights Act 1990
34.
Crown Law Office advice is attached in Annex 1.
Equity
35.
If workers who are subject to the Amendment Order are not vaccinated, their
employers may choose to redeploy them or (fol owing appropriate human
resource process) may choose to terminate their employment.
36.
Given that the vaccination is available to al groups, we do not consider the equity
concerns above override the public health need for specified high-risk roles to only
be undertaken by vaccinated people.
37.
Requiring vaccination may lower the risk of transmission to communities of
people that these workers ordinarily interact with including place, ethnicity, faith,
and age-based communities. It is also important to reduce risks to the
community through the overwhelming of health capacity.
38.
Requiring vaccination may lower the risk of infection for these workers and the
risk of transmission to communities of people that these workers ordinarily
interact with including place, ethnicity, faith, and age-based communities.
Health work force 39.
As Māori and Pacific populations have lower vaccination rates, those people
working in the health and disability sector are more likely to be required to take
action under the Amendment Order.
40.
There is likely to be employment implications for those non-regulated Māori and
Pacific workers within health service settings and environments leading to
termination of their employment with significant loss of income impacting on
many households. Although we do not have official figures, we note that there
wil be a potential impact.
Correction staff
41.
Prisoners are disproportionately likely to have other compromising health
under the Official Information Act 1982
conditions, including (but not solely) because of Māori over-representation in
prison populations. An additional risk that a vaccination mandate for workers in
prisons may guard against is the healthcare system becoming overburdened by
an increase in vulnerable people becoming infected.
Education workers
42.
As Māori and
Released Pacific peoples are likely to be disproportionately affected by a
widespread epidemic and prolonged disconnection from education services, the
Amendment Order is likely to have a positive effect on reducing their exposure
to COVID-19 and related socio-economic impacts.
43.
However, as Māori and Pacific peoples also have traditional y lower vaccination
rates, Māori and Pacific people working in the education workforce may be
disproportionately affected. The Ministry of Education wil address this through a
bespoke communications campaign aiming at this part of the education
workforce, and targeted vaccination measures that wil be developed in
Briefing: HR20212209
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conjunction with Māori and Pacific Education Peak Bodies and Social Service
providers.
Te Tiriti o Waitangi implications
44.
The Government as Kāwanatanga and Ōritetanga has responsibilities to support
health and socio-economic outcomes for Māori. While there continues to be a
focus on increasing vaccination uptake for Māori, the Amendment Order may
undermine the agency of iwi, hapū and whānau to protect their own wellbeing,
afforded to them under the principle of tino rangatiratanga.
45.
In the past, and particularly throughout the COVID-19 response, iwi, hapū and
whānau have exercised, and in many cases exceeded, good practice in line with
government guidelines to maintain the wel being of their own whānau.
46.
The Ministry and other stakeholders (eg Immunisation Implementation Advisory
Sector) wil continue to work with Māori (and Pacific) providers to increase the
number of kaimahi (staff) able to deliver the COVID-19 vaccination. This wil
remain a critical enabler for lifting Māori (and Pacific) vaccination rates,
encouraging uptake and increasing trust and transparency.
47.
It wil also be important to ensure clear, constant and consistent information is
provided to Māori in English and Māori through appropriate channels.
48.
The Amendment Order supports health system resilience, the minimisation of
community outbreaks, and any associated increase in Alert Level restrictions. This
is critical to minimising and addressing existing inequities and is consistent with
Te Tiriti principle of active protection.
Implementation
49.
The Border Workforce Testing Register (BWTR) is the most comprehensive
database of the border and MIQF and MIF workforce. The principal Order al ows
the Ministry to pre-populate the BWTR with data from the COVID-19 Immunisation
Register to proactively identify who should be vaccinated.
under the Official Information Act 1982
50.
The Amendment Order does not mandate the use of a register by workers or
PCBUs. This means that there wil not be a single centralised record of vaccination
status – the use of the register could be mandated in future through a future
amendment.
51.
Instead, the Amendment Order requires PCBUs/employers to keep records of
vaccinations and requires workers to provide vaccination details to their
Released
PCBU/employer.
52.
The Ministry is developing a register that PCBUs wil be required to use to keep a
record of the vaccine status for al workers added by the Amendment Order, and,
for secondary schools, eligible students. We expect that the register could be
operational from early December 2021. Consideration can be given to mandating
the use of this register closer to that time
Briefing: HR20212209
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Next steps
53.
Officials recommend that you sign the final Amendment Order no later than the
midday on Friday 22 October 2021, so that it can be published in the
New Zealand Gazette that day. This wil al ow officials to meet the statutory
obligation to provide at least 48 hours’ notice between gazetting and the
Amendment Order coming into effect.
54.
Once signed the Amendment Order wil come into effect at 11:59pm on Monday
25 October 2021.
ENDS.
under the Official Information Act 1982
Released
Briefing: HR20212209
9
Document 2
Annex 1: Crown Law Office Advice
S9(2)(h)
under the Official Information Act 1982
Released
Briefing: HR20212209
10
Document Outline
