133 Molesworth Street
PO Box 5013
Wellington 6140
New Zealand
T+64 4 496 2000
20 November 2024
Erika Whittome
By email: [FYI request #28731 email]
Ref:
H2024053547
Tēnā koe Erika
Response to your request for official information
Thank you for your request under the Official Information Act 1982 (the Act) to the Ministry of
Health – Manatū Hauora (the Ministry) on 11 October 2024 for information regarding the
October 2021 document titled "
Health & Disability Worker Vaccinations Order Guidance
document for PCBUs and workers" and referring specifically to page 13 and 14. You requested:
“Would you kindly share the all cabinet, ministerial or other papers, advice, memos,
correspondence etc that took place to come up with the above?”
Cabinet material relating to requiring high-risk work in the health and disability sector to be
undertaken by vaccinated workers can be found here:
www.health.govt.nz/information-
releases/requiring-high-risk-work-in-the-health-and-disability-sector-to-be-undertaken-by-
vaccinated-workers
I also refer you to Briefing HR20211564: COVID-19 Vaccination Uptake for Health Care
Workers, which can be found on the Ministry's website here:
www.health.govt.nz/system/files/2022-12/20211564_briefing.pdf
You may also be interested in the following published response
: h202201139_response.pdf.
Where links to publicly available information have been included, it is in accordance with section
18(d) of the Act.
Additional to the publicly available documents linked above, I have identified two documents
within scope of your request. These documents are itemised in Appendix 1 and copies of the
documents are enclosed. Where information is withheld under section 9 of the Act, 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.
I trust this information fulfils your request. 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:
[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:
[email address] or by calling 0800 802 602.
Please note that this response, with your personal details removed, may be published on the
Manatū Hauora website at:
www.health.govt.nz/about-ministry/information-releases/responses-
official-information-act-requests
Nāku noa, nā
Jane Chambers
Group Manager, Public Health Policy and Regulation
Public Health Agency | Te Pou Hauora Tūmatanui
Page 2 of 5
Appendix 1: List of documents for release
#
Date
Document details
Decision on release
1
17 September 2021 Briefing HR20212012 Scope of Some information withheld
Amendment to the COVID-19
under the following sections of
Public Health Response
the Act:
• 9(2)(a) to protect
privacy of natural
persons;
• 9(2)(h) to maintain
legal professional
privilege; and
• 9(2)(g)(i) to maintain
the effective conduct of
public affairs through
the free and frank
expression of opinions
by or between or to
Ministers and officers
and employees of any
public service agency.
2
22 October 2021
Briefing Scope of amendment to Some information withheld
the COVID-19 Public Health
under the following sections of
Response (Vaccinations)
the Act:
Amendment (No 3) Health
• 9(2)(a); and
Workers, Prison Staff, Educators
• 9(2)(h).
(HR20212209) - For signature
Page 3 of 5
Letter Requester is referring to, supplied in OIA:
EXAMPLE LETTER: WHERE VACCINATION STATUS IS UNKNOWN
Dear xx
COVID-19 Public Health Response (Vaccinations) Order 2021 – Heath & Disability Workers
We are writing to you following the NZ Government’s announcement on 11 October 2021, that
health & disability workers wil be required to be ful y vaccinated against Covid-19 under the
COVID-19 Public Health Response (Vaccinations) Order 2021 (“the Order”).
This means that anyone in NZ who is employed to work in a healthcare setting is required to
have at least one dose of the Covid-19 by 15 November 2021, and to have their second dose of
the vaccine by 1 January 2022.
We consider that your role of [insert] is a role which is required to be performed by a vaccinated
worker under the Order.
Our records show that you are not vaccinated against Covid-19 and/or you have not confirmed
your vaccination status.
Please can you let us know your vaccination status by [insert date]. If you are vaccinated,
please provide [insert manager’s name] with written confirmation of this (by registering on My
Covid Record
https:/ app.covid19.health.nz/ and providing a screen-shot or print out of the result) by [insert
date].
If you are unvaccinated, we are happy to help you make arrangements to be vaccinated in order
for you to comply with the Order.
If we do not receive writ en confirmation from you that you are vaccinated by [insert date], we
wil assume you are unvaccinated. In this event, you wil not be able to work in your role as
[insert] from 11.59pm on 15 November 2021. From this date you wil be temporarily stood down
from your duties, or we wil agree to you taking annual or other leave until [insert date] whilst we
work through the impact of your vaccination status on your ability to perform the role, and
whether any alternative arrangements or accommodation can be considered.
If you have any queries about the content of this letter, or if you do not consider you are covered
by the Order referred to above, please contact [insert name] immediately. You should also feel
free to seek independent advice, including from your union, if you are a member. We realise
that this may be an unsettling time for you and would like to remind you that free, confidential
counselling and support is available to you. You can contact our Employee Assistance
programme [contact details] to make an appointment. This is a confidential service, and no
details are placed on your employee file.
Ngā mihi
What do I do if a worker is not vaccinated by 15 November 2021?
Al people covered by the Order must have received their first dose of an approved COVID-19
vaccine by 11.59pm on 15 November 2021 and provide you with evidence, such as My Covid
Record.
Where they are unable to provide this evidence, you must take immediate steps to stand down
the employee while you consult with them to establish if they have access to a medical
exemption, or to discuss any suitable redeployment options for this employee to move to an
alternative role where vaccination is not required. If no redeployment options are available, then
you wil need to bring the employment relationship to an end, by giving formal notice of
termination.
This quote is from this document called
"health_worker_vaccination_guidance_document_for_pcbus_and_workers_-
_october_2021_0.pdf" which appears to no longer be on the MoH website, but is archived here:
https:/ aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fweb.archive.org%2Fweb
%2F20211025002150%2Fhttps%3A%2F%2Fwww.health.govt.nz%2Fsystem%2Ffiles%2Fdocu
Page 4 of 5
ments%2Fpages%2Fhealth_worker_vaccination_guidance_document_for_pcbus_and_workers
_-
_october_2021_0.pdf&data=05%7C02%7Coiagr%40health.govt.nz%7C3c3408973136472066f
e08dce993eae1%7C23cec7246d204bd19fe9dc4447edd1fa%7C0%7C0%7C638642068781276
623%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1h
aWwiLCJXVCI6Mn0%3D%7C40000%7C%7C%7C&sdata=7uE2%2FPV62eV8WWIZsJikcIh%2
BRsj1SgZP9MBNpg9%2B7iM%3D&reserved=0
Would you kindly share the all cabinet, ministerial or other papers, advice, memos,
correspondence etc that took place to come up with the above?
Page 5 of 5