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October 2022 Review of Remaining COVID-19 Measures

Erika Whittome made this Official Information request to Ministry of Health

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From: Erika Whittome

Dear Ministry of Health,

I refer to this document
https://www.health.govt.nz/system/files/...

There are lots of section redacted on "Bill of Rights" citing legal privilege.

I request all the information in this paper that is redacted citing "Legal privilege" especiallly from Crown Law.

Legal Privilege encompasses the lawyer-client privilege and work product protection.

However it's my tax dollars paying for this legal advice. I am the client in this "legal privilege" relationship because the government is a public body. The information is entitled to be released under the act because it's public legal privilege, Joe Public being the client (me).

As in-house lawyers employed by government departments, their ultimate client is indeed the public.

In-house lawyers in government departments have a duty to act in the public interest and provide legal advice that supports the department's functions and responsibilities to the public.

While their day-to-day work may involve advising departmental staff or ministers, their ultimate loyalty is to the public and the administration of justice. This means they must ensure that their advice is impartial, unbiased, and in the best interests of the public.

Opinions and conversations that have an impact on the organization's far reaching policy is no basis for withholding the information under the act, therefore I request all the currently redacted legal advice in this document https://www.health.govt.nz/system/files/... .

Yours faithfully,

Erika Whittome

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From: OIA Requests


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Kia ora Erika, 

 

Thank you for your request under the Official Information Act 1982 (the
Act) on 14 May 2025 for:  

 

"I refer to this document
[1]https://www.health.govt.nz/system/files/...

There are lots of section redacted on "Bill of Rights" citing legal
privilege.

I request all the information in this paper that is redacted  citing
"Legal privilege" especially from Crown Law.

Legal Privilege encompasses the lawyer-client privilege and work product
protection.

However it's my tax dollars paying for this legal advice. I am the client
in this "legal privilege" relationship because the government is a public
body. The information is entitled to be released under the act because
it's public legal privilege, Joe Public being the client (me).

As in-house lawyers employed by government departments, their ultimate
client is indeed the public.

In-house lawyers in government departments have a duty to act in the
public interest and provide legal advice that supports the department's
functions and responsibilities to the public.

While their day-to-day work may involve advising departmental staff or
ministers, their ultimate loyalty is to the public and the administration
of justice. This means they must ensure that their advice is impartial,
unbiased, and in the best interests of the public.

Opinions and conversations that have an impact on the organization's far
reaching policy is no basis for withholding the information under the act,
therefore I request all the currently redacted legal advice in this
document
[2]https://www.health.govt.nz/system/files/...
. "

 

The Ministry of Health do not hold any information within scope of your
request, as such your request is unfortunately refused under section
18(g)(i) of the Act.  

 

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: [3][email address] or by calling 0800
802 602.  

 

Ngā mihi

 

OIA Services Team  

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References

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1. https://www.health.govt.nz/system/files/...
https://www.health.govt.nz/system/files/...
2. https://www.health.govt.nz/system/files/...
https://www.health.govt.nz/system/files/...
3. mailto:[email address]

Link to this

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