Kia ora Nadine

 

Thank you for your request under the Official Information Act 1982 (the
Act), received by the Ministry of Health on 4 June 2025. You requested:

 

Please provide all communications including but not limited to: emails;
letters; reports; policy documentation; recommendations; decisions;
 assessments; and notifications between all Government departments
including but not limited to: decision-making groups; Taskforce
Committees; DPMC; MoH; MBIE; MPI; MFAT; EPA; Treasury; Medsafe; Pharmac;
and any related agencies, that were involved in seeking any type of
guidance or feedback; clarification or public policy recommendations; or
international standards when assessing the following:

1) Implications of signing any contract indemnity stipulating a 'Hold
harmless' indemnity clause.

2) Implications of, and guidelines for, a breach in any capacity of a
'Hold harmless' indemnity clause.

3) Questions, concerns, or raising objection to, the following statement:

Pursuant to section 65ZD(3) of the Public Finance Act 1989, the Minister
of Finance
makes the following statement:
In September 2021 I, Grant Robertson, Minister of Finance, on behalf of
the Crown, gave
indemnities to Pfizer New Zealand Limited, Pfizer Inc and BioNTech and
specific
associated persons, and to Spain and Denmark, in relation to the supply of
a COVID-19
vaccine.

4) Implications related to and guidance for:

a) "There are no limitations on availability of the indemnification in the
event of negligence or fraud on the part of the Suppliers."

b) "The representation that adequate authority and funding to fulfill the
indemnification obligations"

c) The requirement to "satisfactorily demonstrate indemnification
obligations in Suppliers’ sole discretion, with true and complete
documentary support”.

5)  Addressing matters of foreign interference; anti-bribery; fraud;
bribery; or any security measures relating to regulatory assessment
processes.

6) Addressing matters of conflicts of interests between Bell Gully as the
legal advisory and other potential conflicts of interest.

 

The reference number for your request is H2025068094. 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

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