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The legally privileged parts of public health advice

Erika Whittome made this Official Information request to Department of the Prime Minister and Cabinet

This request has an unknown status. We're waiting for Erika Whittome to read a recent response and update the status.

From: Erika Whittome

Dear Department of the Prime Minister and Cabinet,
I see this document has lots of redactions categorized as legally privileged

https://www.dpmc.govt.nz/sites/default/f...
The author is Michael Webster, Secretary of Cabinet.

I request this information from this document unredacted ie please share the legal advice given to the DPMC in this document.
This was advice for a public health issue that affected all of the public. The advice has a wide purview of all New Zealanders at the time in early 2022.
The advice was paid for by tax payers too.

The advice was not from external counsel . Kindly share the requested information under the Act.

Yours faithfully,

Erika Whittome

Link to this

From: Information [DPMC]
Department of the Prime Minister and Cabinet

Tēnā koe, 

 

Thank you for emailing the Department of the Prime Minister and Cabinet
(DPMC), including the National Emergency Management Agency (NEMA).

DPMC can't respond to emails that are outside its scope. If the subject of
your email doesn't relate to the work of DPMC, we may forward your email
to the appropriate Minister or agency who will respond to you directly. To
find out more about DPMC's functions please view our
website [1]https://dpmc.govt.nz/.

 

If your correspondence is intended for the Prime Minister please email his
office at [2][email address]. Contact information for
other Members of Parliament can be found at
[3]https://www.parliament.nz/en/get-involve....

Common questions:

* Official Information Act (OIA) requests will be formally acknowledged
during office hours and actioned accordingly. For more information
about the statutory OIA timeframes please see
[4]http://www.ombudsman.parliament.nz/.
* For job opportunities within DPMC see
[5]https://centralagenciesjobs.cass.govt.nz.... Please use this
website to apply for vacancies. Resumes received through other avenues
will not be considered.
* New Zealand visas and requests for asylum are managed by Immigration
New Zealand. Please see  [6]https://www.immigration.govt.nz/. 

We hope one of the above links helps answer your question. Thanks again
and please take care.

Link: [7]File-List
Link: [8]Edit-Time-Data
Link: [9]themeData
Link: [10]colorSchemeMapping

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From: Erika Whittome

Dear Department of the Prime Minister and Cabinet,

I am specifically referring to pages 44-50 of this document which was information for the New Zealand Cabinet. (I have submitted another request to the Minister of Health regarding pages 1-43 of this document.)
I am requesting the redacted content from pages 46 and p48 . Thanks very much.

Yours faithfully,

Erika Whittome

Link to this

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 8 August 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. 

show quoted sections

Link to this

From: Information [DPMC]
Department of the Prime Minister and Cabinet


Attachment DPMCOIA REPLY OIA 2025 26 0105 Whittome Redactions from COVID 19 Proactive Release 5107334.1.pdf
152K Download View as HTML

Attachment RELEASE DPMC 0105 Redactions from COVID 19 Proactive Release 5105937.1.pdf
1.6M Download View as HTML


[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

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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

Link to this

From: Erika Whittome

Dear Information [DPMC],

The section on Human Rights [Legally privileged] in this document is still redacted. This legal advice is the information that I am requesting. You have shared the same redacted document. Kindly supply the advice under the Act

Yours sincerely,

Erika Whittome

Link to this

From: Information [DPMC]
Department of the Prime Minister and Cabinet

Kia ora Ms Whittome

Thank you for your email.

As per Mr Cassidy's letter, we have reassessed the paper for release and determined information previously withheld under section 9(2)(f)(iv) can now be released and this has been provided to you.

Information which was withheld under section 9(2)(h) continues to be withheld under that provision as advised in Mr Cassidy's letter.

If you remain dissatisfied, you have the right to ask the Ombudsman to investigate and review this decision under section 28(3) of the Act.

Nga 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.

show quoted sections

Link to this

From: Erika Whittome

Dear Information [DPMC],

I wish to receive the requested information without redactions. The Redacted responses are completely illegible.

As well as ethical obligations, the attorney client privilege does not cover the cooperation and planning and enabling of the continued violation of NZ laws. Can I please have confirmation that these redacted statements do not discuss any violations of laws, such as the New Zealand Bill of Rights and the Human Rights Act 1990 or any other legislation

Page 31 has a heading Human Rights and is illegible for example

Yours sincerely,

Erika Whittome

Link to this

From: Information [DPMC]
Department of the Prime Minister and Cabinet

Tēnā koe, 

Thank you for emailing the Department of the Prime Minister and Cabinet
(DPMC). This is an automatic reply to let you know that your message has
been received.
DPMC cannot respond to emails that are outside its scope. If the subject
of your email does not relate to the work of DPMC, we may forward your
email to the appropriate Minister or agency who will respond to you
directly. To find out more about DPMC's functions please view our
website [1]https://dpmc.govt.nz.
If your correspondence is intended for the Prime Minister please email his
office at [email address]. Contact information for
other Members of Parliament can be found at
[2]https://www.parliament.nz/en/get-involve....

Common questions:

Official Information Act (OIA) requests will be formally acknowledged
during office hours and actioned accordingly. For more information about
the statutory OIA timeframes please see
[3]http://www.ombudsman.parliament.nz/.
For job opportunities within DPMC see
[4]https://centralagenciesjobs.cass.govt.nz... use this
website to apply for vacancies. Resumes received through other avenues
will not be considered.
New Zealand visas and requests for asylum are managed by Immigration New
Zealand. Please see [5]https://www.immigration.govt.nz/. 
We hope one of the above links helps answer your question.
Kind regards,
Department of Prime Minister and Cabinet
Link: [6]File-List
Link: [7]Edit-Time-Data
Link: [8]themeData
Link: [9]colorSchemeMapping

show quoted sections

Link to this

From: Information [DPMC]
Department of the Prime Minister and Cabinet


Attachment image001.png
24K Download


[IN-CONFIDENCE]

Kia ora,

 

Thank you for your request under the Official Information Act 1982 (OIA)
received on 19 March 2026, 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
[1][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    [2][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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Link to this

From: Information [DPMC]
Department of the Prime Minister and Cabinet

[IN-CONFIDENCE]

Kia ora Erika,

 

Thank you for your email, following up your response to a request made to
the Department of the Prime Minister and Cabinet for information withheld
as it is subject to legal privilege to be released to you.

 

As per Mr Cassidy’s letter, the information withheld from the documents
continues to be withheld under section 9(2)(h) of the Official Information
Act, as it remains subject to legal professional privilege.

 

I remind you that, if you are dissatisfied with this decision, you have
the right to seek an investigation and review by the Ombudsman under
section 28(3) of the Act.

 

+---------------------------------------------+
|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.  |
+---------------------------------------------+

 

show quoted sections

Please use this email address for all replies to this request:

[FOI #31936 email]

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[2]https://fyi.org.nz/help/officers

 

If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

 

-------------------------------------------------------------------

 

Link: [3]File-List
Link: [4]Edit-Time-Data
Link: [5]themeData
Link: [6]colorSchemeMapping

--------------------------------------------------------------------------

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: [7]File-List
Link: [8]Edit-Time-Data
Link: [9]themeData
Link: [10]colorSchemeMapping

--------------------------------------------------------------------------

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. https://fyi.org.nz/help/officers
3. file:///tmp/Signature_files/filelist.xml
4. file:///tmp/Signature_files/editdata.mso
5. file:///tmp/Signature_files/themedata.thmx
6. file:///tmp/Signature_files/colorschememapping.xml
7. file:///tmp/Signature_files/filelist.xml
8. file:///tmp/Signature_files/editdata.mso
9. file:///tmp/Signature_files/themedata.thmx
10. file:///tmp/Signature_files/colorschememapping.xml

Link to this

From: Erika Whittome

Dear Information [DPMC],

Thank you for the update.. Would you please confirm That the withheld legal advice does not discuss any violations of laws, such as the New Zealand Bill of Rights and the Human Rights Act 1990 or any other constitutional legislation?

As well as ethical obligations, the attorney client privilege does not cover the cooperation and planning and enabling of the violation of laws.

Yours sincerely,

Erika Whittome

Link to this

From: Information [DPMC]
Department of the Prime Minister and Cabinet

Kia ora Erika

As the information is legally privileged, we cannot provide any further information on the content.

If you are dissatisfied with this decision, you have the right to seek an investigation and review by the Ombudsman under section 28(3) of the Act.

Ngā mihi,

Ministerial Coordinator
Ministerial Services
Strategy, Governance and Engagement
Department of the Prime Minister and Cabinet

show quoted sections

Link to this

From: Erika Whittome

Dear Information [DPMC],

Just to be clear, are you refusing to confirm that none of the withheld legal advice discusses any violations of laws, such as the New Zealand Bill of Rights and the Human Rights Act 1990 or any other constitutional legislation?

Yours sincerely,

Erika Whittome

Link to this

From: Information [DPMC]
Department of the Prime Minister and Cabinet

[IN-CONFIDENCE]

Kia ora Erika,

 

As per our previous emails below, we cannot provide any information or
confirmation on the content as the information is privileged.

 

If you are dissatisfied with this decision, you have the right to seek an
investigation and review by the Ombudsman under section 28(3) of the Act.

 

Ngā mihi,

 

+----------------------------+
|Ministerial Coordinator  |
|----------------------------|
|Ministerial Services  |
|----------------------------|
|Corporate  |
|----------------------------|
|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.  |
+----------------------------+

 

 

 

show quoted sections

Link to this

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