Designation powers and functions in the Covid act
Erika Whittome made this Official Information request to Health New Zealand
Response to this request is long overdue. By law Health New Zealand should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
From: Erika Whittome
Dear Health New Zealand and HealthSource,
1 How many fines were collected by authorized enforcement persons under s 18 (1) (f) of the Covid-19 Public Health Response Act at Health New Zealand and HealthSource?
The fines I'm referring to were for businesses and for individuals.
2 Who exactly issued these fines?
3 What was the authority and jurisdiction to issue these fines?
4 Where is the delegation? I do not see any delegations gazzetted on the New Zealand Gazette, but I may be missing something.
Yours faithfully,
Erika Whittome
From: hnzOIA
Tēnā koe,
Thank you for contacting Health NZ, Te Whatu Ora. This is an automatic
reply to confirm that we have received your email. Depending on the
nature of your request you may not receive a response for up to 20 working
days. We will try to respond to your query as quickly as possible.
Ngā mihi
Health NZ, Te Whatu Ora.
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From: hnzOIA
Kia ora Erika
Thank you for your request of 10 March 2025 for the following information:
1 How many fines were collected by authorized enforcement persons under s
18 (1) (f) of the Covid-19 Public Health Response Act at Health New
Zealand and HealthSource?
The fines I'm referring to were for businesses and for individuals.
2 Who exactly issued these fines?
3 What was the authority and jurisdiction to issue these fines?
4 Where is the delegation? I do not see any delegations gazzetted on the
New Zealand Gazette, but I may be missing something.
Your request asks for information which is more closely aligned with the
functions of the Ministry of Health and the Ministry of Justice. For this
reason, Health New Zealand has decided to partially transfer your request
to the Ministry of Justice under section 14(b)(ii) of the Act. You can
expect a response from the Ministry of Justice in due course. We have
consulted with the Ministry of Health and they have advised that you refer
to OIA, ref. H2025060831.
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: [1][email address] or by calling 0800
802 602. If you have any queries related to this request, please do not
hesitate to get in touch.
Ngā mihi
Morgan
Senior Advisor (OIA) Government Services
Health New Zealand | Te Whatu Ora
------------------- Original Message
show quoted sections
From: OIA@justice.govt.nz
Tēnā koe Erika,
The Ministry of Justice (the Ministry) acknowledge receipt of your request
under the Official Information Act 1982 for questions 1 and 2, partially
transferred from Te Whatu Ora.
This has been forwarded onto the relevant business unit to respond to.
The Ministry may publish the response to your request on our website, you
can expect that if your OIA is to be published that this will take place
at least 10 working days after it has been sent you. Your name and any
other personal information will be withheld under Section 9(2)(a) (protect
the privacy of natural persons).
You can expect a response by 06/05/2025.
Ngā mihi
Communications and Ministerial Services |Corporate Services
Ministry of Justice | Tāhū o te Ture
DX Box SX 10088 | Wellington
[1]www.justice.govt.nz
From: hnzOIA <[email address]>
Sent: Thursday, April 3, 2025 12:59 PM
To: Erika Whittome <[FOI #30385 email]>
Subject: Transfer of your request for official information ref HNZ00081901
CRM:0621033
Kia ora Erika
Thank you for your request of 10 March 2025 for the following information:
1 How many fines were collected by authorized enforcement persons under s
18 (1) (f) of the Covid-19 Public Health Response Act at Health New
Zealand and HealthSource?
The fines I'm referring to were for businesses and for individuals.
2 Who exactly issued these fines?
3 What was the authority and jurisdiction to issue these fines?
4 Where is the delegation? I do not see any delegations gazzetted on the
New Zealand Gazette, but I may be missing something.
Your request asks for information which is more closely aligned with the
functions of the Ministry of Health and the Ministry of Justice. For this
reason, Health New Zealand has decided to partially transfer your request
to the Ministry of Justice under section 14(b)(ii) of the Act. You can
expect a response from the Ministry of Justice in due course. We have
consulted with the Ministry of Health and they have advised that you refer
to OIA, ref. H2025060831.
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: [2][email address] or by calling 0800
802 602. If you have any queries related to this request, please do not
hesitate to get in touch.
Ngā mihi
Morgan
Senior Advisor (OIA) Government Services
Health New Zealand | Te Whatu Ora
show quoted sections
From: Erika Whittome
Dear [email address],
Health New Zealand is an enforcer in the Covid act. Not the MoJ. Kindly transfer this request back to health nz asap.
I will copy and paste from the Act for you to read:
https://www.legislation.govt.nz/act/publ...
Authorised enforcement persons
(1)
The Director-General may authorise a suitably qualified and trained person or class of suitably qualified and trained persons to carry out any functions and powers of an enforcement officer under this Act if the person or class of persons is employed or engaged by any of the following agencies:
(a)
WorkSafe New Zealand:
(b)
the Aviation Security Service:
(c)
the New Zealand Customs Service:
(d)
the New Zealand Defence Force:
(e)
a maritime security organisation (as defined by section 5 of the Maritime Security Act 2004):
(f)
the Ministry of Health:
(g)
Health New Zealand.
I have made a complaint to the ombudsman due to the 20+ day delay.
Yours sincerely,
Erika Whittome
From: OIA@justice.govt.nz
Tēnā koe,
Thank you for contacting the [1][email address] mailbox at the
Ministry of Justice.
This automatic message is to confirm we have received your email - we hope
to acknowledge you and advise next steps within two working days.
Please note that this mailbox is not monitored on weekends, public
holidays or between 17:00 and 08:00 hours on working days.
Official Information Act requests can take up to 20 working days to
receive a response. If the Ministry needs more time, we will inform you.
.
Ngā mihi,
Communications and Ministerial Services | Corporate Services
Ministry of Justice
Justice Centre I Aitken Street
DX Box SX 10088 I Wellington
[2]www.justice.govt.nz
References
Visible links
1. mailto:[email address]
2. http://www.justice.govt.nz/
From: OIA@justice.govt.nz
Tēnā koe Erika,
Thank you for your request of 12 March 2025 to Health New Zealand, that
was transferred to the Ministry of Justice (the Ministry) on 3 April 2025.
In your email you requested information, under the Official Information
Act 1982 (the Act), regarding fines collected under s 18 (1)(f) of the
Covid-19 Public Health Response Act at Health New Zealand and Health
Source. Specifically, you requested:
1 How many fines were collected by authorized enforcement persons under s
18 (1) (f) of the Covid-19 Public Health Response Act at Health New
Zealand and HealthSource?
The fines I'm referring to were for businesses and for individuals.
2 Who exactly issued these fines?
Section 12(2) of the Act requires that the information sought must be
“specified with due particularity”, which means the Ministry must be
reasonably able to identify what information is being requested by you. In
its current form, it is unclear as to what information you are seeking.
Therefore, in line with section 15(1AA) of the Act, the Ministry is
seeking to clarify your request.
Please can you confirm whether you are wanting information regarding
infringements issued by the Ministry of Health or information about fines
that were lodged with the court for collection?
The Ministry of Justice holds statistical information regarding the courts
and the courts collect payment for fines. Fines are infringement fees that
were not resolved or paid on time to the issuing authority (E.g. Police,
local council, list of agencies under section 18 of the COVID-19 Public
Health Response Act 2020). For example, the Ministry of Health may issue
an infringement for an offence relating to the COVID-19 Public Health
Response Act 2020, if this infringement is not paid on time, the Ministry
of Health may lodge it with the court where it becomes a fine.
If you could please respond to us by close of business (5PM) Monday 5 May
2025, we will be able to better assess your request and action it
accordingly.
I apologise that our request for clarification is late, however, the
Ministry is keen to provide you with a fulsome response and would
appreciate your clarification.
Under section 28 of the Act, you have the right to seek a review of the
Ministry’s handling of your request from the Ombudsman. The Ombudsman can
be contacted at: [1]Contact the Ombudsman | Ombudsman New Zealand
We look forward to hearing from you as soon as you are able.
Ngā mihi,
+------------------------------------------------------------------------+
| |Communications and Ministerial Services | Corporate Services|
| | |
| |Ministry of Justice | Tāhū o te Ture |
| |Justice Centre | 19 Aitken Street, Wellington (6011) |
| | |
| |[2][email address] |
| | |
| |[3][email address] |
| | |
| |[4][email address] |
| | |
| |[5]justice.govt.nz |
+------------------------------------------------------------------------+
show quoted sections
From: Erika Whittome
Dear [email address],
Please revert this back to health nz . The questions on fines and designations are to health nz, not to the MoJ .
The MoJ collects fines when they are not paid. However my request for information is specifically to HNZ and I believe this has been transferred in error.
Question 4 of my request has not been answered and cannot be answered by the MoN. It must be HNZ.
Yours sincerely,
Erika Whittome
From: OIA@justice.govt.nz
Tēnā koe Erika,
Thank you for your clarification on 2 May 2025.
Please find attached the Ministry’s response to your request for
information, transferred from Health New Zealand on 3 April 2025.
Ngā mihi,
+----------------------------------------------+
| |Communications and Ministerial Services | |
| |Corporate Services |
| | |
| |Ministry of Justice | Tāhū o te Ture |
| |Justice Centre | 19 Aitken Street, |
| |Wellington (6011) |
| | |
| |[1][email address] |
| | |
| |[email address] |
| | |
| |[email address] |
| | |
| |[2]justice.govt.nz |
+----------------------------------------------+
From: [email address] <[email address]>
Sent: Friday, May 2, 2025 2:45 PM
To: '[FOI #30385 email]'
<[FOI #30385 email]>
Subject: Clarification for your Official Information Act Request: (Our
Ref: 120999)
Tēnā koe Erika,
Thank you for your request of 12 March 2025 to Health New Zealand, that
was transferred to the Ministry of Justice (the Ministry) on 3 April 2025.
In your email you requested information, under the Official Information
Act 1982 (the Act), regarding fines collected under s 18 (1)(f) of the
Covid-19 Public Health Response Act at Health New Zealand and Health
Source. Specifically, you requested:
1 How many fines were collected by authorized enforcement persons under s
18 (1) (f) of the Covid-19 Public Health Response Act at Health New
Zealand and HealthSource?
The fines I'm referring to were for businesses and for individuals.
2 Who exactly issued these fines?
Section 12(2) of the Act requires that the information sought must be
“specified with due particularity”, which means the Ministry must be
reasonably able to identify what information is being requested by you. In
its current form, it is unclear as to what information you are seeking.
Therefore, in line with section 15(1AA) of the Act, the Ministry is
seeking to clarify your request.
Please can you confirm whether you are wanting information regarding
infringements issued by the Ministry of Health or information about fines
that were lodged with the court for collection?
The Ministry of Justice holds statistical information regarding the courts
and the courts collect payment for fines. Fines are infringement fees that
were not resolved or paid on time to the issuing authority (E.g. Police,
local council, list of agencies under section 18 of the COVID-19 Public
Health Response Act 2020). For example, the Ministry of Health may issue
an infringement for an offence relating to the COVID-19 Public Health
Response Act 2020, if this infringement is not paid on time, the Ministry
of Health may lodge it with the court where it becomes a fine.
If you could please respond to us by close of business (5PM) Monday 5 May
2025, we will be able to better assess your request and action it
accordingly.
I apologise that our request for clarification is late, however, the
Ministry is keen to provide you with a fulsome response and would
appreciate your clarification.
Under section 28 of the Act, you have the right to seek a review of the
Ministry’s handling of your request from the Ombudsman. The Ombudsman can
be contacted at: [3]Contact the Ombudsman | Ombudsman New Zealand
We look forward to hearing from you as soon as you are able.
Ngā mihi,
+------------------------------------------------------------------------+
| |Communications and Ministerial Services | Corporate Services|
| | |
| |Ministry of Justice | Tāhū o te Ture |
| |Justice Centre | 19 Aitken Street, Wellington (6011) |
| | |
| |[4][email address] |
| | |
| |[5][email address] |
| | |
| |[6][email address] |
| | |
| |[7]justice.govt.nz |
+------------------------------------------------------------------------+
show quoted sections
From: Erika Whittome
Dear [email address],
Kindly transfer this request for information back to Health NZ. The request is to that body not the MoJ
Yours sincerely,
Erika Whittome
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