5 June 2025
Erika Whittome
[FYI request #31098 email]
Ref: OIA-2024/25-0931
Tēnā koe Erika Whittome
Official Information Act request relating to 2021 COVID-19 Response Orders and The
Health Act 1956
Thank you for your request made under the Official Information Act (the Act), received by the
Department of the Prime Minister and Cabinet (DPMC) on 26 May 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.”
We can only respond to your request in relation to DPMC information. As the lead agency
responsible for providing advice on vaccinations and also as the agency responsible for
administering
The Health Act 1956, I have decided to also transfer your request to the
Ministry of Health under section 14(b)(ii) of the Act. The transfer would cover any relevant
information held by the Ministry of Health as I believe any such information is more closely
connected to that Ministry’s functions.
The Ministry of Health has the usual timeframes under the Act from receipt of this transfer to
make a decision on your request.
We have searched our records and have not identified any briefings or other information
provided by DPMC to the Minister for COVID-19 Response in 2021 regarding
The Health Act
1956 in relation to the
COVID-19 Public Health Response (Vaccinations) Order 2021.
Accordingly, your request as it relates to any DPMC information is refused under section
18(e) of the Act, on the basis that the information does not exist or, despite reasonable
efforts to locate it, cannot be found.
You have the right to ask the Ombudsman to investigate and review my decision under
section 28(3) of the Act.
We do not intend to publish this response on the Department of the Prime Minister and
Cabinet’s website.
Nāku noa, nā
Clare Ward
Executive Director,
Strategy, Governance and Engagement
5024347
Executive Wing, Parliament Buildings, Wellington, New Zealand 6011
64 4 817 9698 www.dpmc.govt.nz