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Policies, correspondence etc on disability and vaccination

Erika Whittome made this Official Information request to Office of Human Rights Proceedings

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From: Erika Whittome

Dear Office of Human Rights Proceedings,
I note as of today there are no decisions or judgements on HRT website covering these discrimination for not being vacinated despite "vaccine passports" being introduced in 2021.

I request all correspondence on policies, procedures, memos etc relating to:

1. the process and handling of any claims, complaints and assistance under disability which section 21 (1) (h) (v)&(vii) and s.21 (2) (b) (ii) of the Human Rights Act 1993:

(1) For the purposes of this Act, the prohibited grounds of discrimination are—
(h) disability, which means—
(v) Any other loss or abnormality of psychological, physiological, or anatomical structure or function
(vii) the presence in the body of organisms capable of causing illness
(2)(b) (ii) is suspected or assumed or believed to exist or to have existed by the person alleged to have discriminated.

The timeframe is from April 2021 until the present date for any human rights complaints/claims.

2. the subject of discrimination against an unvaccinated person for handling of any claims, complaints and assistance from the above date until the present date.

As you would or should know from existing complaints, discrimination of the unvaccinated is an assumption that because a person is vaccine free, his/her immune system is inferior and impaired making him/her a danger to others around, in particular that an unvaccinated person is more inclined to spread COVID- 19 than a vaccinated person.

I direct this OIA to your office after the response to this earlier OIA to the HRC https://fyi.org.nz/request/23408-hrc-pol... . The Ombudsman's final opinion to me was to contact the OHRP.
Yours faithfully,

Erika Whittome

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Office of Human Rights Proceedings

Tçnâ koe Erika

 

Thank you for your request under the Official Information Act 1982,
received on 7 July 2025.  I write to clarify two aspects of your request.

 

Your first question asks for:

 

1. the process and handling of any claims, complaints and assistance under
disability which section 21 (1) (h) (v)&(vii) and s.21 (2) (b) (ii) of the
Human Rights Act 1993:

 

(1) For the purposes of this Act, the prohibited grounds of discrimination
are—

(h) disability, which means—

(v) Any other loss or abnormality of psychological, physiological, or
anatomical structure or function

(vii) the presence in the body of organisms capable of causing illness

(2)(b) (ii) is suspected or assumed or believed to exist or to have
existed by the person alleged to have discriminated.

 

The timeframe is from April 2021 until the present date for any human
rights complaints/claims.

 

In the way it is framed, your request could include many forms of
disability discrimination complaints unrelated to vaccination status (for
example, if a person is refused entry to a café because they rely on a
disability assist dog or wheelchair).  However, I understand from your
email that you are concerned specifically about vaccination status.  Could
you please confirm that is the case?

 

Your second question asks for:

 

2. the subject of discrimination against an unvaccinated person for
handling of any claims, complaints and assistance from the above date
until the present date.

 

As you would or should know from existing complaints, discrimination of
the unvaccinated is an assumption that because a person is vaccine free,
his/her immune system is inferior and impaired making him/her a danger to
others around, in particular that an unvaccinated person is more inclined
to spread COVID- 19 than a vaccinated person.

 

Could I check that by referring to “subject of discrimination”, you are
enquiring about the prohibited ground of discrimination raised in the
person’s application for representation?  As you know, the prohibited
grounds of discrimination are listed in section 21 of the Human Rights Act
1993, and include age, sex, disability and so on.

 

We would be grateful for a response by next Friday 18 July 2025.

 

Thank you Erika.  We look forward to hearing from you.

 

Ngâ mihi

 

Greg

 

 

Greg Robins (he/him: see [1]www.pronouns.org)

Deputy Director of Human Rights Proceedings | Kaitiriwâ Tâhûhû

Office of Human Rights Proceedings | Te Tari Whakatau Take Tika Tangata

 

References

Visible links
1. http://www.pronouns.org/

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From: Erika Whittome

Dear Office of Human Rights Proceedings,
I will try to provide more details:
1 the specific disability is the disability that a person is unvaccinated and hence treated as having an inferior immune system, and/or impaired immune system and capable of spreading disease ie perceived presence of a disease. This is just about the disability of being unvaccinated.

2 my request is for “policies, procedures, memos etc” and yes this also would include applications for representation.

Yours sincerely,

Erika Whittome

Link to this

Office of Human Rights Proceedings


Attachment 2025 07 16 OIA response EW.pdf
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Tēnā koe

Please find attached a letter from the Director of Human Rights Proceedings in response to your request.

Ngā mihi,
Office of Human Rights Proceedings

Office of Human Rights Proceedings
PO Box 6751
Victoria Street West
AUCKLAND 1142
 
Tel: +64 9 375 8623
Email: [Office of Human Rights Proceedings request email]

Confidentiality Notice: This email message and any attachments contain information that is confidential and may be subject to legal privilege. If you are not the intended recipient, you must not peruse, use, pass on or copy this message or any attachments.  If you have received this email in error, please notify us by return email and erase all copies of this message including any attachments.

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From: Erika Whittome

Dear Office of Human Rights Proceedings,
Thank you for the information in your letter.

You said "...the Court of Appeal has found that a difference in immune response achieved by a vaccination does not constitute disability discrimination."

You mention this one argument that was in the Court of Appeal and I am not sure it is irrelevant to the information I am requesting . Or, are you saying you now rely on this when processing applications containing 21 (1) (h) (v)&(vii) and s.21 (2) (b) (ii) of the Human Rights Act 1993?
Yours sincerely,

Erika Whittome

Link to this

Office of Human Rights Proceedings

Tēnā koe

Thank you for your email which has been referred to the Deputy Director. He advises that the information regarding the Court of Appeal's decision has been included for your benefit, as it seems relevant to the questions you raise. He also notes the Office of Human Rights Proceedings is required by law to follow the Court of Appeal’s decision, including in the assessment of applications for representation.

We trust that assists and we wish you all the best.

Ngā mihi,
Office of Human Rights Proceedings

Office of Human Rights Proceedings
PO Box 6751
Victoria Street West
AUCKLAND 1142
 
Tel: +64 9 375 8623
Email: [Office of Human Rights Proceedings request email]

Confidentiality Notice: This email message and any attachments contain information that is confidential and may be subject to legal privilege. If you are not the intended recipient, you must not peruse, use, pass on or copy this message or any attachments.  If you have received this email in error, please notify us by return email and erase all copies of this message including any attachments.

show quoted sections

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