Various Covid19 response Orders regarding The Health Act 1956
Erika Whittome made this Official Information request to Department of the Prime Minister and Cabinet
The request was refused by Department of the Prime Minister and Cabinet.
      From: Erika Whittome
      
    
    Dear Department of the Prime Minister and Cabinet,
I am seeking information and documents from 2021 that was advice to the Minister of Covid19 Response regarding the Health Act 1956 when directing/drafting /requesting/ provisioning for Covid 19 Public Health Response (Vaccinations) Order 2021 that became secondary legislation in 2021 and in particular section 92I (5) of the Health Act 1952 which says: "5) In no case may a direction require an individual to submit to compulsory treatment."
https://www.legislation.govt.nz/act/publ...
Please would you share this information and I confirm that I am a NZ citizen.
Yours faithfully,
Erika Whittome
        From: Information [DPMC]
        Department of the Prime Minister and Cabinet
      
    
    Tēnā koe, 
 
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Link: [7]File-List
 Link: [8]Edit-Time-Data
 Link: [9]themeData
 Link: [10]colorSchemeMapping
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        From: Information [DPMC]
        Department of the Prime Minister and Cabinet
      
    
    [UNCLASSIFIED]
Kia ora,
Thank you for your request under the Official Information Act 1982 (OIA)
 received on 26 May 2025, copied below. We will respond to your request
 within the statutory timeframes set out in the Act. If we are unable to
 meet these timeframes we will notify you.
Your request will be managed by the Ministerial Services team within DPMC.
 If you have any queries, please feel free to contact us at
 [DPMC request email].
DPMC may publish the response to your OIA request. If we publish the
 response your personal information, including your name and contact
 details, will be removed.
Ngā mihi,
Ministerial Coordinator 
 Ministerial Services 
 Strategy, Governance and Engagement 
 Department of the Prime Minister and Cabinet 
   
 E    [DPMC request email] 
The information contained in this email message is for the attention of
 the intended recipient only and is not necessarily the official view or
 communication of the Department of the Prime Minister and Cabinet. If you
 are not the intended recipient you must not disclose, copy or distribute
 this message or the information in it. If you have received this message
 in error, please destroy the email and notify the sender immediately. 
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        From: Information [DPMC]
        Department of the Prime Minister and Cabinet
      
    
    [UNCLASSIFIED]
Kia ora,
 
Please see the attached letter regarding your recent OIA request.
 
Ngā mihi,
+---------------------------------------------+
 |Ministerial Coordinator  |
 |---------------------------------------------|
 |Ministerial Services  |
 |---------------------------------------------|
 |Strategy, Governance and Engagement  |
 |---------------------------------------------|
 |Department of the Prime Minister and Cabinet |
 |---------------------------------------------|
 |   |
 |---------------------------------------------|
 |E    [1][DPMC request email]  |
 | |
 |  |
 |---------------------------------------------|
 |---------------------------------------------|
 |The information contained in this email|
 |message is for the attention of the intended|
 |recipient only and is not necessarily the|
 |official view or communication of the|
 |Department of the Prime Minister and Cabinet.|
 |If you are not the intended recipient you|
 |must not disclose, copy or distribute this|
 |message or the information in it. If you have|
 |received this message in error, please|
 |destroy the email and notify the sender|
 |immediately.  |
 +---------------------------------------------+
 
Link: [2]File-List
 Link: [3]Edit-Time-Data
 Link: [4]themeData
 Link: [5]colorSchemeMapping
show quoted sections
The information contained in this email message is for the attention of
 the intended recipient only and is not necessarily the official view or
 communication of the Department of the Prime Minister and Cabinet. If you
 are not the intended recipient you must not disclose, copy or distribute
 this message or the information in it. If you have received this message
 in error, please destroy the email and notify the sender immediately.
 
References
Visible links
 1. mailto:[DPMC request email]
 2. file:///tmp/Signature_files/filelist.xml
 3. file:///tmp/Signature_files/editdata.mso
 4. file:///tmp/Signature_files/themedata.thmx
 5. file:///tmp/Signature_files/colorschememapping.xml
 6. file:///tmp/Signature_files/filelist.xml
 7. file:///tmp/Signature_files/editdata.mso
 8. file:///tmp/Signature_files/themedata.thmx
 9. file:///tmp/Signature_files/colorschememapping.xml
        From: OIA Requests
      
    
    Kia ora Erika
 
Thank you for your request under the Official Information Act 1982 (the
 Act), received by the Ministry of Health on 5 June 2025. You requested:
 
“I am seeking information and documents from 2021 that was advice to the
 Minister of Covid19 Response regarding the Health Act 1956  when
 directing/drafting /requesting/ provisioning  for Covid 19 Public Health
 Response (Vaccinations) Order 2021 that became secondary legislation in
 2021 and in particular section 92I (5) of the Health Act 1952 which says:
 "5) In no case may a direction require an individual to submit to
 compulsory treatment."
  
The reference number for your request is H2025068119. As required under
 the Act, the Ministry will endeavour to respond to your request no later
 than 20 working days after the day your request was received:
 http://www.ombudsman.parliament.nz/.   
 
If you have any queries related to this request, please do not hesitate to
 get in touch ([1][email address]).
 
 
Ngā mihi 
  
 OIA Services Team 
 [2]Ministry of Health information releases 
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References
Visible links
 1. mailto:[email address]
 2. https://www.health.govt.nz/about-ministr...
        From: OIA Requests
      
    
    Tçnâ 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 – Manatû Hauora (the Ministry) on 5 June
 2025 for information regarding the COVID-19 response Orders and The Health
 Act 1956. You requested:
 
“I am seeking information and documents from 2021 that was advice to the
 Minister of Covid19 Response regarding the Health Act 1956  when
 directing/drafting /requesting/ provisioning  for Covid 19 Public Health
 Response (Vaccinations) Order 2021 that became secondary legislation in
 2021 and in particular section 92I (5) of the Health Act 1952 which says:
 "5) In no case may a direction require an individual to submit to
 compulsory treatment."
 
[1]https://www.legislation.govt.nz/act/publ...
 
Your request for information is refused in full under section 18(e) of the
 Act as the information requested does not exist. The Covid 19 Public
 Health Response (Vaccinations) Order 2021 was made under the COVID-19
 Public Health Response Act which had its own safeguards and limitations,
 rather than being made under the Health Act 1956. Therefore, the section
 92I (5) of the Health Act 1956 would not have been triggered as the
 Vaccination Order was not made under this act.
 
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:
 [2][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: [3][email address] or by calling 0800
 802 602.
 
 
Ngâ mihi 
  
OIA Services Team
Ministry of Health  | Manatû Hauora 
M[4]inistry of Health information releases 
 
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References
Visible links
 1. https://www.legislation.govt.nz/act/publ...
 2. mailto:[email address]
 3. mailto:[email address]
 4. https://www.health.govt.nz/about-ministr...
Things to do with this request
- Add an annotation (to help the requester or others)
 - Download a zip file of all correspondence (note: this contains the same information already available above).
 

