Justice Centre | 19 Aitken Street
DX SX10088 | Wellington
T 04 918 8800 |
F 04 918 8820
[email address] | www.justice.govt.nz
6 May 2025
Erika Whittome
[FYI request #30385 email]
Our ref: OIA 120999
Tēnā koe Erika
Official Information Act request: Ministry of Health fines
Thank you for your email of 12 March 2025, to Health New Zealand Te Whatu Ora, in which
you requested information under the Official Information Act 1982 (the Act). On 3 April 2025
your request was partially transferred for a response to the Ministry of Health and the
Ministry of Justice (the Ministry), as the request is more closely connected with their
functions.
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?
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.
I am responding to questions 1 and 2 on behalf of the Ministry, as it falls within my
responsibilities as Group Manager, National Services Delivery and is being managed in
accordance with the provisions of the Act.
On 2 May 2025, the Ministry contacted you to clarify your request following your further
correspondence on 22 April 2025. As part of this clarification, the Ministry requested you
clarify whether you were seeking information regarding Ministry of Health infringements, or
fines collected by the courts. On 2 May 2025, you responded with the following:
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.
In response to your clarification regarding questions 1 and 2, your request has been refused
under section 18(g) as this information is not held by the Ministry. While I cannot comment or
provide information regarding infringements issued by the Ministry of Health as enabled
under the Covid-19 Public Health Response Act 2020, I can provide general information on
the role of the court when an infringement is lodged by the issuing authority.
When an infringement is issued by an issuing authority and is not paid or successfully
disputed by the due date, it can be lodged with the court, where it becomes a fine.
The role of the court in the collection process is to enforce and collect fines on behalf of the
Crown. The legislative framework to enforce and collect fines is enabled under the Summary
Proceedings Act 1957. Further information can be found on the New Zealand Legislation
website here: legislation.govt.nz/
Please note that this response, with your personal details removed, may be published on the
Ministry website at: justice.govt.nz/about/official-information-act-requests/oia-responses/.
If you are not satisfied with this response, you have the right to make a complaint to the
Ombudsman under section 28(3) of the Act. The Office of the Ombudsman may be
contacted by email to [email address] or by phone on 0800 802 602.
Nāku noa, nā
Tracey Baguley
Group Manager, National Services Delivery
