Attorney General Consistency with the New Zealand Bill of Rights Act 1990 for vaccination

Erika Whittome made this Official Information request to Judith Collins

Response to this request is long overdue. By law Judith Collins should have responded by now (details and exceptions). The requester can complain to the Ombudsman.

From: Erika Whittome

Dear Judith Collins,
There is advice from 23 Nov 2021 on the justified limitations on the Bill of Rights 1990 to require covid-19 vaccination in this document https://www.justice.govt.nz/assets/Docum...

This advice is published on the Ministry of Justice's website here https://www.justice.govt.nz/justice-sect...

Paragraph 24 of the AG advice says:
'Vaccination has been shown to substantially reduce transmission of COVID-19 as well as severity of symptoms."

Would you kindly provide the evidence or basis for this statement that vaccination has been shown to substantially reduce transmission of covid-19?

I have been unable to locate any evidence of a reduction in transmission from covid-19 vaccination. The Pfizer trials published in a NEMJ study only evaluated whether a person caught the disease or not. There was no transmission studies nor severity of symptoms evaluated in this study:
"Safety and Efficacy of the BNT162b2 mRNA Covid-19 Vaccine | New England Journal of Medicine" https://www.nejm.org/doi/full/10.1056/NE...
Reducing transmission was not an outcome measured in the trials.

In February 2021 the statement from the Ministry of Health was “…we don’t yet know if it will stop you from catching and passing on the virus”
https://web.archive.org/web/202102261601...

In June 2021, the statement from Medsafe was ' At this stage, we do not know if vaccination prevents or reduces transmission of COVID-19: https://web.archive.org/web/202106300144...

Please supply the information/evidence relied on in this 23 Nov 2021 AG advice to say 'Vaccination has been shown to substantially reduce transmission of COVID-19 as well as severity of symptoms."

Yours faithfully,

Erika Whittome

Link to this

From: Judith Collins (MIN)
Judith Collins

Thank you for contacting Hon Judith Collins KC MP, Attorney-General,
Minister of Defence, Minister for Digitising Government, Minister
Responsible for the GCSB, Minister Responsible for the NZSIS, Minister for
the Public Service and Minister for Space.

The Minister considers all correspondence important and appreciates you
taking the time to write. As the Minister receives a large amount of
correspondence, it is not always possible to personally reply to all
emails.

If your correspondence is related to a constituent matter, please get in
touch with the Minister's electorate team by email:
[email address]
or by calling (09) 2997426.
If your correspondence is diary related, requests will be processed
accordingly and we will be back in contact with you. If your
correspondence requires a response, you can expect a response in due
course.

If your correspondence relates to another Minister's portfolio, your
correspondence will be transferred to the appropriate Minister.

If your correspondence expresses an opinion, it will be noted.
If you have made a request for official information, this will be managed
in accordance with the provisions of the Official Information Act 1982,
which may include transfer to another Minister or agency.

If your request relates to media, it will be referred to the media team.
Latest information from the Beehive can be found here:
https://www.beehive.govt.nz/
If you are concerned about someone's wellbeing, you can call your local
mental health crisis team or NZ Police.

Thank you for taking the time to write.

Kind regards
Office of Hon Judith Collins KC MP

Link to this

From: Judith Collins (MIN)
Judith Collins

Dear Erika,
This is our acknowledgment of your OIA request.
Warm regards,
Office of Hon Judith Collins KC

show quoted sections

Link to this

From: Anna Bebbington


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Dear Erika

 

Thank you for your request made under the Official Information Act 1982
(the Act), received on 15 September.

 

“Would you kindly provide the evidence or basis for this statement that
vaccination has been shown to substantially reduce transmission of
covid-19?

Please supply the information/evidence relied on in this 23 Nov 2021 AG
advice to say 'Vaccination has been shown to substantially reduce
transmission of COVID-19 as well as severity of symptoms."

 

After consultation with Crown Law, it has been confirmed that this office
does not hold the requested information, but I believe relevant
information is held by the Ministry of Justice, henceforth your request is
being transferred to the Ministry.

 

Warm regards,

Office of Hon Collins KC

 

Anna Bebbington

Private Secretary (Administration) | Office of Hon Judith Collins KC MP

 

Member of Parliament for Papakura

Attorney-General | Minister of Defence | Minister for Digitising
Government | Minister for the Public Service  Minister Responsible for
the GCSB | Minister Responsible for the NZSIS | Minister for Space

 
 

DDI: 04 817 6808

Email: [1][email address]   Website:
[2]www.Beehive,govt.nz

Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand

 

 

 

Authorised by Hon Judith Collins KC, Parliament Buildings, Wellington

Disclaimer: The information in this email (including attachments) is
confidential and may be legally privileged. If an addressing or
transmission error has misdirected this email, please notify the author by
replying to this email and destroy the message. If you are not the
intended recipient, any use, disclosure, copying or distribution is
prohibited and may be unlawful.

Please note information about meetings related to the Ministers’
portfolios will be proactively released (this does not include personal or
constituency matters). For each meeting in scope, the summary would list:
date, time (start and finish), brief description, location, who the
meeting was with, and the portfolio. If you attend a meeting with the
Minister on behalf of an organisation, the name of the organisation will
be released. If you are a senior staff member at an organisation, or meet
with the Minister in your personal capacity, your name may also be
released. The location of the meeting will be released, unless it is a
private residence. The proactive release will be consistent with the
provisions in the Official Information Act, including privacy
considerations. Under the Privacy Act 1993 you have the right to ask for a
copy of any personal information we hold about you, and to ask for it to
be corrected if you think it is wrong. If you’d like to ask for a copy of
your information, or to have it corrected, or are concerned about the
release of your information in the meeting disclosure, please contact the
sender. You can read more about the proactive release policy at
[3]https://www.dia.govt.nz/Proactive-Releas...

 

 

 

 

show quoted sections

Link to this

From: OIA@justice.govt.nz


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Tēnā koe Erika,

We acknowledge receipt of your request under the Official Information Act
1982. 

This has been forwarded onto the relevant business unit to respond to. 

The Ministry may publish the response to your request on our website, you
can expect that if your OIA is to be published that this will take place
at least 10 working days after it has been sent you. Your name and any
other personal information will be withheld under Section 9(2)(a) (protect
the privacy of natural persons). 

You can expect a response by 24 October 2025.

Ngā mihi nui,

 

Ministerial Services

   

Communications and Ministerial Services | Corporate Services

Ministry of Justice | Tāhū o te Ture [1]justice.govt.nz

 

 

From: Anna Bebbington <[email address]>
Sent: Thursday, September 25, 2025 4:02 PM
To: [FOI #32289 email]
Subject: RE: JCOIA-430 FW: Official Information request - Attorney General
Consistency with the New Zealand Bill of Rights Act 1990 for vaccination

 

Dear Erika

 

Thank you for your request made under the Official Information Act 1982
(the Act), received on 15 September.

 

“Would you kindly provide the evidence or basis for this statement that
vaccination has been shown to substantially reduce transmission of
covid-19?

Please supply the information/evidence relied on in this 23 Nov 2021 AG
advice to say 'Vaccination has been shown to substantially reduce
transmission of COVID-19 as well as severity of symptoms."

 

After consultation with Crown Law, it has been confirmed that this office
does not hold the requested information, but I believe relevant
information is held by the Ministry of Justice, henceforth your request is
being transferred to the Ministry.

 

Warm regards,

Office of Hon Collins KC

 

Anna Bebbington

Private Secretary (Administration) | Office of Hon Judith Collins KC MP

 

Member of Parliament for Papakura

Attorney-General | Minister of Defence | Minister for Digitising
Government | Minister for the Public Service  Minister Responsible for
the GCSB | Minister Responsible for the NZSIS | Minister for Space

 
 

DDI: 04 817 6808

Email: [2][email address]   Website:
[3]www.Beehive,govt.nz

Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand

 

 

 

Authorised by Hon Judith Collins KC, Parliament Buildings, Wellington

Disclaimer: The information in this email (including attachments) is
confidential and may be legally privileged. If an addressing or
transmission error has misdirected this email, please notify the author by
replying to this email and destroy the message. If you are not the
intended recipient, any use, disclosure, copying or distribution is
prohibited and may be unlawful.

Please note information about meetings related to the Ministers’
portfolios will be proactively released (this does not include personal or
constituency matters). For each meeting in scope, the summary would list:
date, time (start and finish), brief description, location, who the
meeting was with, and the portfolio. If you attend a meeting with the
Minister on behalf of an organisation, the name of the organisation will
be released. If you are a senior staff member at an organisation, or meet
with the Minister in your personal capacity, your name may also be
released. The location of the meeting will be released, unless it is a
private residence. The proactive release will be consistent with the
provisions in the Official Information Act, including privacy
considerations. Under the Privacy Act 1993 you have the right to ask for a
copy of any personal information we hold about you, and to ask for it to
be corrected if you think it is wrong. If you’d like to ask for a copy of
your information, or to have it corrected, or are concerned about the
release of your information in the meeting disclosure, please contact the
sender. You can read more about the proactive release policy at
[4]https://www.dia.govt.nz/Proactive-Releas...

 

 

 

 

show quoted sections

Link to this

From: OIA@justice.govt.nz


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Attachment OIA 126311 Whittome extension letter.pdf
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Tēnā koe Erika,

 

Please find attached a response regarding your request for official
information.

 

Ngā mihi

   

Communications and Ministerial Services | Corporate Services

Ministry of Justice | Tāhū o te Ture
Justice Centre | 19 Aitken Street, Wellington (6011)

[1][email address]

[2][email address]

[3][email address]

[4]justice.govt.nz

 

 

From: Anna Bebbington <[email address]>
Sent: Thursday, 25 September 2025 4:02 pm
To: [FOI #32289 email]
Subject: RE: JCOIA-430 FW: Official Information request - Attorney General
Consistency with the New Zealand Bill of Rights Act 1990 for vaccination

 

Dear Erika

 

Thank you for your request made under the Official Information Act 1982
(the Act), received on 15 September.

 

“Would you kindly provide the evidence or basis for this statement that
vaccination has been shown to substantially reduce transmission of
covid-19?

Please supply the information/evidence relied on in this 23 Nov 2021 AG
advice to say 'Vaccination has been shown to substantially reduce
transmission of COVID-19 as well as severity of symptoms."

 

After consultation with Crown Law, it has been confirmed that this office
does not hold the requested information, but I believe relevant
information is held by the Ministry of Justice, henceforth your request is
being transferred to the Ministry.

 

Warm regards,

Office of Hon Collins KC

 

Anna Bebbington

Private Secretary (Administration) | Office of Hon Judith Collins KC MP

 

Member of Parliament for Papakura

Attorney-General | Minister of Defence | Minister for Digitising
Government | Minister for the Public Service Minister Responsible for the
GCSB | Minister Responsible for the NZSIS | Minister for Space
 

DDI: 04 817 6808

Email: [5][email address] Website:
[6]www.Beehive,govt.nz

Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand

 

 

 

Authorised by Hon Judith Collins KC, Parliament Buildings, Wellington

Disclaimer: The information in this email (including attachments) is
confidential and may be legally privileged. If an addressing or
transmission error has misdirected this email, please notify the author by
replying to this email and destroy the message. If you are not the
intended recipient, any use, disclosure, copying or distribution is
prohibited and may be unlawful.

Please note information about meetings related to the Ministers’
portfolios will be proactively released (this does not include personal or
constituency matters). For each meeting in scope, the summary would list:
date, time (start and finish), brief description, location, who the
meeting was with, and the portfolio. If you attend a meeting with the
Minister on behalf of an organisation, the name of the organisation will
be released. If you are a senior staff member at an organisation, or meet
with the Minister in your personal capacity, your name may also be
released. The location of the meeting will be released, unless it is a
private residence. The proactive release will be consistent with the
provisions in the Official Information Act, including privacy
considerations. Under the Privacy Act 1993 you have the right to ask for a
copy of any personal information we hold about you, and to ask for it to
be corrected if you think it is wrong. If you’d like to ask for a copy of
your information, or to have it corrected, or are concerned about the
release of your information in the meeting disclosure, please contact the
sender. You can read more about the proactive release policy at
[7]https://www.dia.govt.nz/Proactive-Releas...

 

 

 

 

show quoted sections

Link to this

From: Erika Whittome

Dear [email address],
Under the Act, it's 20 days. I have lodged a complaint with the Ombudsman on the delay of this information.

Yours sincerely,

Erika Whittome

Link to this

Anna left an annotation ()

A very important OIA request. Thank you Erica.

Link to this

From: OIA@justice.govt.nz


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Attachment OIA 126311 Whittome letter.pdf
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Tēnā koe Erika,

 

Please find attached the Ministry’s response to your Official Information
Act request of 11 September 2025.

 

 

Ngā mihi,

 

  Communications and Ministerial Services | Corporate Services

Ministry of Justice | Tāhū o te Ture
Justice Centre | 19 Aitken Street, Wellington (6011)

[1][email address]

[2][email address]

[3][email address]

[4]justice.govt.nz

 

 

 

From: [email address] <[email address]>
Sent: Friday, September 26, 2025 12:33 PM
To: [FOI #32289 email]
Subject: OIA - Consistency with the New Zealand Bill of Rights Act 1990
for vaccination (ref: 126311)

 

Tēnā koe Erika,

We acknowledge receipt of your request under the Official Information Act
1982.

This has been forwarded onto the relevant business unit to respond to.

The Ministry may publish the response to your request on our website, you
can expect that if your OIA is to be published that this will take place
at least 10 working days after it has been sent you. Your name and any
other personal information will be withheld under Section 9(2)(a) (protect
the privacy of natural persons).

You can expect a response by 24 October 2025.

Ngā mihi nui,

 

Ministerial Services

   

Communications and Ministerial Services | Corporate Services

Ministry of Justice | Tāhū o te Ture [5]justice.govt.nz

 

 

From: Anna Bebbington
Sent: Thursday, September 25, 2025 4:02 PM
To: [6][FOI #32289 email]
Subject: RE: JCOIA-430 FW: Official Information request - Attorney General
Consistency with the New Zealand Bill of Rights Act 1990 for vaccination

 

Dear Erika

 

Thank you for your request made under the Official Information Act 1982
(the Act), received on 15 September.

 

“Would you kindly provide the evidence or basis for this statement that
vaccination has been shown to substantially reduce transmission of
covid-19?

Please supply the information/evidence relied on in this 23 Nov 2021 AG
advice to say 'Vaccination has been shown to substantially reduce
transmission of COVID-19 as well as severity of symptoms."

 

After consultation with Crown Law, it has been confirmed that this office
does not hold the requested information, but I believe relevant
information is held by the Ministry of Justice, henceforth your request is
being transferred to the Ministry.

 

Warm regards,

Office of Hon Collins KC

 

Anna Bebbington

Private Secretary (Administration) | Office of Hon Judith Collins KC MP

 

Member of Parliament for Papakura

Attorney-General | Minister of Defence | Minister for Digitising
Government | Minister for the Public Service Minister Responsible for the
GCSB | Minister Responsible for the NZSIS | Minister for Space
 

DDI: 04 817 6808

Email: [7][email address] Website:
[8]www.Beehive,govt.nz

Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand

 

 

 

Authorised by Hon Judith Collins KC, Parliament Buildings, Wellington

Disclaimer: The information in this email (including attachments) is
confidential and may be legally privileged. If an addressing or
transmission error has misdirected this email, please notify the author by
replying to this email and destroy the message. If you are not the
intended recipient, any use, disclosure, copying or distribution is
prohibited and may be unlawful.

Please note information about meetings related to the Ministers’
portfolios will be proactively released (this does not include personal or
constituency matters). For each meeting in scope, the summary would list:
date, time (start and finish), brief description, location, who the
meeting was with, and the portfolio. If you attend a meeting with the
Minister on behalf of an organisation, the name of the organisation will
be released. If you are a senior staff member at an organisation, or meet
with the Minister in your personal capacity, your name may also be
released. The location of the meeting will be released, unless it is a
private residence. The proactive release will be consistent with the
provisions in the Official Information Act, including privacy
considerations. Under the Privacy Act 1993 you have the right to ask for a
copy of any personal information we hold about you, and to ask for it to
be corrected if you think it is wrong. If you’d like to ask for a copy of
your information, or to have it corrected, or are concerned about the
release of your information in the meeting disclosure, please contact the
sender. You can read more about the proactive release policy at
[9]https://www.dia.govt.nz/Proactive-Releas...

 

 

 

 

show quoted sections

Link to this

From: Erika Whittome

Dear [email address],
You say:
"Legal professional privilege has not been waived for the background materials relating to the
advice. I am therefore refusing your request under section 9(2)(h) of the Act, to maintain
legal professional privilege. "

I request that this is shared given the wide purview of this advice and the public interest

Yours sincerely,

Erika Whittome

Link to this

From: Erika Whittome

Dear [email address],
I have submitted a complaint to the ombudsman because the information has been withheld

Yours sincerely,

Erika Whittome

Link to this

From: Erika Whittome

Dear [email address],

Information has been redacted citing legal Privilege.

Yes I wish to receive the requested information and ask for the following:

As well as ethical obligations, the attorney client privilege does not cover the cooperation and planning and enabling of the continued violation of laws. Can I please have confirmation that your withheld information 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

Yours sincerely,

Erika Whittome

Link to this

From: OIA@justice.govt.nz

Tēnā koe,

 

Thank you for contacting the [1][email address] mailbox at the
Ministry of Justice.  

 

This automatic message is to confirm we have received your email - we hope
to acknowledge you and advise next steps within two working days.   
  
Please note that this mailbox is not monitored on weekends, public
holidays or between 17:00 and 08:00 hours on working days.  Official
Information Act requests can take up to 20 working days to receive a
response.  If the Ministry needs more time, we will inform you. 

Ngā mihi,

Communications and Ministerial Services | Corporate Services
Ministry of Justice

Justice Centre I Aitken Street

DX Box SX 10088 I Wellington

[2]www.justice.govt.nz

 

 

References

Visible links
1. mailto:[email address]
2. http://www.justice.govt.nz/

Link to this

From: OIA@justice.govt.nz


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Tēnā koe Erika,

Thank you for your further email to the Ministry of Justice (the
Ministry).

We acknowledge receipt of your request under the Official Information Act
1982 (the Act). 

This has been forwarded onto the relevant business unit to respond to. 

The Ministry may publish the response to your request on our website, you
can expect that if your OIA is to be published that this will take place
at least 10 working days after the response has been sent you. Your name
and any other personal information will be withheld under Section 9(2)(a)
(protect the privacy of natural persons) of the Act. 

You can expect a response by 20 April 2026.

Ngā mihi nui,

 

Ministerial Services

   

Communications and Ministerial Services | Corporate Services

Ministry of Justice | Tāhū o te Ture [1]justice.govt.nz

 

 

show quoted sections

Link to this

From: Erika Whittome

Dear [email address],

I would like to add that:
My request has been withheld citing legal advice . However my request for information is about the science:
I asked:
“Would you kindly provide the evidence or basis for this statement that vaccination has been shown to substantially reduce transmission of covid-19?

Please supply the information/evidence relied on in this 23 Nov 2021 AG advice to say 'Vaccination has been shown to substantially reduce transmission of COVID-19 as well as severity of symptoms."

The scientific method requires transparency and has nothing to do with legal privileges. Scientist don’t engage lawyers when they share results. They share all data abs they write a summary. otherwise it is not science .

Science is about engaging the scientific method and using data to prove a hypothesis . If the AG relied on a scientific statement , then my view is that the information around that statement needs to be shared to provide confidence in the science and in the AGs advice.

Yours sincerely,

Erika Whittome

Link to this

From: OIA@justice.govt.nz


Attachment OIA131086 Whittome extn.pdf
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Tēnā koe Erika,
 
Please find attached an extension letter for the Ministry’s response to your Official Information Act request of 17 March 2026.
 
 
 

Ngā mihi,

Communications and Ministerial Services | Corporate Services
Ministry of Justice | Tāhū o te Ture
Justice Centre | 19 Aitken Street, Wellington (6011)
[email address]
[email address]
[email address]
justice.govt.nz

show quoted sections

Link to this

From: OIA@justice.govt.nz


Attachment image001.jpg
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Attachment OIA131086 Whittome.pdf
228K Download View as HTML


Tēnā koe Erika,

 

Please see attached the Ministry’s response to your Official Information
Act request of 17 March 2026.

 

Ngā mihi,

 

  Communications and Ministerial Services | Corporate Services

Ministry of Justice | Tāhū o te Ture
Justice Centre | 19 Aitken Street, Wellington (6011)

[1][email address]

[2][email address]

[3][email address]

[4]justice.govt.nz

 

 

show quoted sections

Link to this

From: Erika Whittome

Dear [email address],
You've shared a list of documents with various titles that may mention the word transmission. But none of the documents you have supplied provide the evidence or basis for this statement that vaccination has been shown to substantially reduce transmission of covid-19. Would you please share the requested information under the Act?

Yours sincerely,

Erika Whittome

Link to this

From: OIA@justice.govt.nz


Attachment image001.jpg
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Attachment OIA131086 Whittome.pdf
228K Download View as HTML


 

Tēnā koe Erika,

Thank you for your further email of 4 May 2026.

 

In response, please note that the Ministry's response to you of 4 May
2026, which I have reattached responds to your request for information
under the Official Information Act 1982.

 

The Ministry does not have anything further to add. Therefore, any further
emails from you regarding this matter, that is not a new request for
information will be read, logged but not responded to.

 

If you are not satisfied with this response, you have the right to make a
complaint to the Ombudsman under section 28 of the Act. The Office of the
Ombudsman may be contacted by phone on: 0800 802 602, by email at:
[email address], or via the webform: [1]Make a complaint (for
members of the public) | Ombudsman New Zealand

 

Ngā mihi,

 

  Communications and Ministerial Services | Corporate Services

Ministry of Justice | Tāhū o te Ture
Justice Centre | 19 Aitken Street, Wellington (6011)

[2][email address]

[3][email address]

[4][email address]

[5]justice.govt.nz

 

 

show quoted sections

Link to this

From: Erika Whittome

Dear OIA,
You appear to have repeated the same letter, so I repeat my same response:

You've shared a list of documents with various titles that may mention the word transmission. But none of the documents you have supplied provide the evidence or basis for this statement that vaccination has been shown to substantially reduce transmission of covid-19. Would you please share the requested information under the Act?

Yours sincerely,

Erika Whittome

Link to this

Things to do with this request

Anyone:
Judith Collins only: