Notification to the UN Secretary-General of New Zealand's derogations from the Covenant in connection with the COVID-19 pandemic
Nadine Connock made this Official Information request to Ministry of Foreign Affairs and Trade
The request was refused by Ministry of Foreign Affairs and Trade.
From: Nadine Connock
Dear Ministry of Foreign Affairs and Trade,
During the Covid-19 pandemic, on the 30 April 2020, the International Covenant on Civil and Political Rights Human Rights Committee distributed the following communication to all participating member States:
Pursuant to article 4 of the Covenant, it has been brought to the attention of the Committee, that several State parties have resorted to emergency measures in response to the COVID-19 pandemic in a manner seriously affecting the implementation of their obligations under the Covenant, without formally submitting any notification of derogation from the Covenant.
The Committee calls upon all State parties that have taken emergency measures in connection with the COVID-19 pandemic that derogate from their obligations under the Covenant to comply without delay with their duty to notify the Secretary-General thereof immediately, if they have not already done so.
Notification by a State party must include full information about the derogating measures taken and a clear explanation of the reasons for taking them, with complete documentation of any laws adopted.
Further notification is required if the State party subsequently takes additional measures under article 4, for instance by extending the duration of a state of emergency.
Please provide:
1) All communications; recommendations; decisions; and notifications between all Government departments; decision-making groups; Taskforce Committees; and any related agencies, that were involved in providing the compliance required to formally notify the UN Secretary-General of New Zealand’s choice of derogation from the Covenant.
2) The justifications and explanations of:
a) the proportionality of any derogating measures taken
b) the conformity of measures taken with other international obligations
c) assessments of non-discrimination
d) the prohibition on derogating from certain nonderogable rights
e) complete documentation of any laws adopted
f) further notification of extention of emergency use powers; emergency measures; and extention of State of Emergency declarations.
Yours faithfully,
Nadine Connock
From: ESD
Ministry of Foreign Affairs and Trade
[UNCLASSIFIED]
UNCLASSIFIED
Kia ora Nadine,
Thank you for your OIA request received on 02/06/25 for:
· All communications; recommendations; decisions; and
notifications between all Government departments; decision-making groups;
Taskforce Committees; and any related agencies, that were involved in
providing the compliance required to formally notify the UN
Secretary-General of New Zealand’s choice of derogation from the Covenant.
· The justifications and explanations of:
o the proportionality of any derogating measures taken
o the conformity of measures taken with other international obligations
o assessments of non-discrimination
o the prohibition on derogating from certain nonderogable rights
o complete documentation of any laws adopted
o further notification of extention of emergency use powers; emergency
measures; and extention of State of Emergency declarations.
This email confirms receipt of your request and advises that we will
respond to it as soon as reasonably practicable, and in terms of the
timeframes and requirements of the OIA.
Please note that our response letter to you (with your personal details
redacted), and any enclosed documents, may be published on the Ministry’s
website.
Ngâ mihi
Executive Services Division
New Zealand Ministry of Foreign Affairs & Trade | Manatû Aorere
UNCLASSIFIED
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From: ESD
Ministry of Foreign Affairs and Trade
[UNCLASSIFIED]
UNCLASSIFIED
Tēnā koe Nadine Connock,
Please see the attached letter concerning your OIA request.
Ngā mihi
Executive Services Division
New Zealand Ministry of Foreign Affairs & Trade | Manatū Aorere
---------------------------------------
195 Lambton Quay, Private Bag 18901, Wellington 5045, New Zealand
[1]www.mfat.govt.nz | [2]www.safetravel.govt.nz
UNCLASSIFIED
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From: Nadine Connock
Dear ESD,
Thank you for your response.
Can you please advise why the New Zealand Government did not make any notifications to the United Nations Secretary General?
Yours sincerely,
Nadine Connock
From: PHILLIPS, Tatum (ESD)
Ministry of Foreign Affairs and Trade
[UNCLASSIFIED]
UNCLASSIFIED
Kia ora Nadine,
Thank you for your OIA request received on 05/08/2025 for:
o Advise why the New Zealand Government did not make any notifications
to the United Nations Secretary General
This email confirms receipt of your request and advises that we will
respond to it as soon as reasonably practicable, and in terms of the
timeframes and requirements of the OIA.
Please note that our response letter to you (with your personal details
redacted), and any enclosed documents, may be published on the Ministry’s
website.
Ngâ mihi
Executive Services Division
New Zealand Ministry of Foreign Affairs & Trade | Manatû Aorere
UNCLASSIFIED
show quoted sections
From: ESD
Ministry of Foreign Affairs and Trade
[UNCLASSIFIED]
UNCLASSIFIED
Tēnā koe Nadine Connock,
On behalf of the Secretary of Foreign Affairs and Trade, please see
attached the response to your OIA request.
Kind regards,
Tom Turnbull (he/him/ia)
Senior Advisor
Executive Services Division
Ministry of Foreign Affairs & Trade | Manatū Aorere
UNCLASSIFIED
show quoted sections
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