2 September 2025
Erika Whittome
[FYI request #31936 email]
Ref: OIA-2025/26-0105
Tēnā koe Erika Whittome
Official Information Act request for a 2022 Published Cabinet Paper and Related
Minutes without Redactions relating to the response to the COVID-19 Pandemic
Thank you for your Official Information Act 1982 (the Act) request, received on 8 August
2025. You requested:
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/files/2023-01/PO01-21032022-The-
COVID-Response-After-the-Peak-of-Omicron.pdf
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.”
You subsequently provided the following clarification:
“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 48.”
In the light of your request, we have reassessed of the 16 March 2022 Cabinet Paper from
“
The Covid-19 Response after the Peak of Omicron” SWC-22-SUB-0039 and related
Minutes.
Following this reassessment, please find attached a revised release copy of the Paper and
related Minutes.
The Cabinet Minute (CAB-22-MIN-0086) has been revised by the Cabinet Office to correct
the portfolio title. Information previously withheld under section 9(2)(f)(iv) has now been
released. Some information remains withheld under the following sections of the Act:
• section 6(a), to protect the security or defence of New Zealand or the international
relations of the Government of New Zealand
• section 9(2)(h), to maintain legal professional privilege.
5107334
Executive Wing, Parliament Buildings, Wellington, New Zealand 6011
64 4 817 9698 www.dpmc.govt.nz
You advised that you were particularly interested in the information withheld to protect legal
privilege, on the basis that “
the advice was not from external counsel”. Legal privilege
remains in place for the information withheld under section 9(2)(h) at the time the paper was
originally published. Paragraph 184 of the paper sets out all the agencies consulted on the
drafting of the paper and notes the contributions made by the Ministry of Health and Crown
Law Office.
In making my decision, I have considered the public interest considerations in section 9(1) of
the Act. No public interest has been identified that would be sufficient to outweigh the
reasons for withholding that information.
You have the right to ask the Ombudsman to investigate and review my decision under
section 28(3) of the Act.
This response wil be published on the Department of the Prime Minister and Cabinet’s
website during our regular publication cycle. Typically, information is released monthly, or as
otherwise determined. Your personal information including name and contact details will be
removed for publication.
Nāku noa, nā
Alan Cassidy
Deputy Chief Executive, Corporate and Chief People Officer
5107334
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