October 2022 Review of Remaining COVID-19 Measures

Erika Whittome made this Official Information request to Ministry of Health

Response to this request is long overdue. By law Ministry of Health should have responded by now (details and exceptions). The requester can complain to the Ombudsman.

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

Link to this

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  

****************************************************************************
Statement of confidentiality: This e-mail message and any accompanying
attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege.
If you are not the intended recipient, do not read, use, disseminate,
distribute or copy this message or attachments.
If you have received this message in error, please notify the sender
immediately and delete this message.
****************************************************************************

References

Visible links
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]

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Link to this

From: Erika Whittome

Dear OIA Requests,

I have lodged a complaint with the ombudsman because you are a public health agency and advice you get is to be made public under the official information act 1982

Yours sincerely,

Erika Whittome

Link to this

From: Erika Whittome

Dear OIA Requests,

I have shared the following with the Ombudsmand:

Yes I wish to receive the requested information.
Redacted responses are completely illegible.

As well as ethical obligations, the attorney client privilege does not cover the cooperation and planning and enabling of the continued violation of laws. Can I please have confirmation that these redacted statements do not discuss any violations of laws, such as the New Zealand Bill of Rights and the Human Rights Act 1990 or any other legislation ?

Yours sincerely,

Erika Whittome

Link to this

From: OIA Requests


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Attachment H2025067005 Reconsideration.pdf
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Kia ora Erika
Please see attached a reconsidered response to your request for official
information.
Ngā mihi

OIA Services Team

Ministry of Health | Manatū Hauora

****************************************************************************
Statement of confidentiality: This e-mail message and any accompanying
attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege.
If you are not the intended recipient, do not read, use, disseminate,
distribute or copy this message or attachments.
If you have received this message in error, please notify the sender
immediately and delete this message.
****************************************************************************

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Link to this

From: Erika Whittome

Dear Mr Knipe

Could I please have confirmation that the redacted and/or withheld content does not discuss any violations of laws, such as the New Zealand Bill of Rights and the Human Rights Act 1990 or any other legislation ?

As well as ethical obligations, the attorney client privilege does not cover the cooperation and planning and enabling of the continued violation of laws.
Your latest response does not address this request for information.

Yours sincerely,

Erika Whittome

Link to this

From: OIA Requests


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Kia ora Erika,

  

Thank you for your request under the Official Information Act 1982 (the
Act), received by the Ministry of Health - Manatū Hauora on 31 March 2026.
You requested:

 

"Could I please have confirmation that the redacted and/or withheld
content does not discuss any violations of laws, such as the New Zealand
Bill of Rights and the Human Rights Act 1990 or any other legislation ?

As well as ethical obligations, the attorney client privilege does not
cover the cooperation and planning and enabling of the continued violation
of laws."
 

The reference number for your request is H2026080982. We will endeavour to
respond to your request as soon as possible and in any event no later than
1 May 2026 being 20 working days after the day your request was received.
If we are unable to respond to your request by then, we will notify you of
an extension of that timeframe.

 

If you have any queries regarding your request, please feel free to
contact the OIA Services Team on [1][email address]. If any
additional factors come to light which are relevant to your request,
please do not hesitate to contact us so that these can be taken into
account. 

 

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.

 

 

Ngā mihi, 
 
OIA Services Team

Ministry of Health | Manatū Hauora

 

M[3]inistry of Health information releases

 

****************************************************************************
Statement of confidentiality: This e-mail message and any accompanying
attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege.
If you are not the intended recipient, do not read, use, disseminate,
distribute or copy this message or attachments.
If you have received this message in error, please notify the sender
immediately and delete this message.
****************************************************************************

References

Visible links
1. mailto:[email address]
mailto:[email address]
2. mailto:[email address]
mailto:[email address]
3. https://www.health.govt.nz/about-ministr...
https://www.health.govt.nz/about-ministr...

hide quoted sections

Link to this

From: OIA Requests


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Kia ora Erika
 
Thank you for your follow up request under the Official Information Act
1982 (the Act) to the Ministry of Health – Manatû Hauora (the Ministry) on
31 March 2026. You requested:
 
“Could I please have confirmation that the redacted and/or withheld
content does not discuss any violations of laws, such as the New Zealand
Bill of Rights and the Human Rights Act 1990 or any other legislation ?
 
As well as ethical obligations, the attorney client privilege does not
cover the cooperation and planning and enabling of the continued violation
of laws.
 Your latest response does not address this request for information.”
 
Advice has been withheld on the basis of legal professional privilege, and
extends to your request for information about content.  Please note
however that under section 9(1)(ba) of the COVID-19 Public Health Response
Act 2020, there was a statutory prerequisite that when making an order, 
the Minister was required to be satisfied that the order does not limit,
or was a justified limit, on the rights and freedoms in the New Zealand
Bill of Rights Act 1990.
 
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:
[1][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: [2][email address] or by calling 0800
802 602.  
Ngâ mihi

OIA Services Team

Ministry of Health | Manatû Hauora

****************************************************************************
Statement of confidentiality: This e-mail message and any accompanying
attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege.
If you are not the intended recipient, do not read, use, disseminate,
distribute or copy this message or attachments.
If you have received this message in error, please notify the sender
immediately and delete this message.
****************************************************************************

References

Visible links
1. mailto:[email address]
mailto:[email address]
2. mailto:[email address]
mailto:[email address]

hide quoted sections

Link to this

Things to do with this request

Anyone:
Ministry of Health only: