Consistency with the New Zealand Bill of Rights Act 1990: Medicines Amendment Bill

Nadine Connock made this Official Information request to Ministry of Justice

The request was refused by Ministry of Justice.

From: Nadine Connock

Dear Ministry of Justice,

In a document dated 19 May 2021, legal advice LPA 01 01 24, addressed to Hon David Parker Attorney-General, your Ministry stated the following:

6. Several medicines have been approved under section 23 including the Pfizer COVID-19 vaccine. An issue has risen as to whether these consents have been validly issued.

Please provide an explanation as to what this issue was, and why it was believed consents were not validly issued.

7. The Bill amends the Principal Act to:

a) remove the requirement that provisional consent under section 23 be on a restricted basis for the treatment of a limited number of persons; and

b) retrospectively validate certain existing provisional consents that have been granted under section 23 of the Medicines Act; including consent for the Pfizer vaccine.

Please provide the legal counsel that confirmed the requirement for these amendments and the reasons why they were recommended.

Yours faithfully,

Nadine Connock

Link to this

From: OIA@justice.govt.nz
Ministry of Justice


Attachment image001.jpg
15K Download


Tēnā koe Nadine,

Thank you for emailing the Ministry of Justice (the Ministry).

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 17 October 2025.

Ngā mihi nui,

 

Ministerial Services

   

Communications and Ministerial Services | Corporate Services

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

 

 

-----Original Message-----
From: Nadine Connock <[FOI #32351 email]>
Sent: Saturday, September 20, 2025 4:16 PM
To: [Ministry of Justice request email]
Subject: Official Information request - Consistency with the New Zealand
Bill of Rights Act 1990: Medicines Amendment Bill (ref: 126171)

 

Dear Ministry of Justice,

 

In a document dated 19 May 2021, legal advice LPA 01 01 24, addressed to
Hon David Parker Attorney-General, your Ministry stated the following:

 

6. Several medicines have been approved under section 23 including the
Pfizer COVID-19 vaccine. An issue has risen as to whether these consents
have been validly issued.

 

Please provide an explanation as to what this issue was, and why it was
believed consents were not validly issued.

 

7. The Bill amends the Principal Act to:

 

a) remove the requirement that provisional consent under section 23 be on
a restricted basis for the treatment of a limited number of persons; and

 

b) retrospectively validate certain existing provisional consents that
have been granted under section 23 of the Medicines Act; including consent
for the Pfizer vaccine.

 

Please provide the legal counsel that confirmed the requirement for these
amendments and the reasons why they were recommended.

 

Yours faithfully,

 

Nadine Connock

 

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

 

This is an Official Information request made via the FYI website.

 

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

[2][FOI #32351 email]

 

Is [3][Ministry of Justice request email] the wrong address for Official Information
requests to Ministry of Justice? If so, please contact us using this form:

[4]https://fyi.org.nz/change_request/new?bo...

 

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

[5]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.

 

 

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

 

References

Visible links
1. http://www.justice.govt.nz/
2. mailto:[FOI #32351 email]
3. mailto:[Ministry of Justice request email]
4. https://fyi.org.nz/change_request/new?bo...
5. https://fyi.org.nz/help/officers

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Link to this

From: OIA@justice.govt.nz
Ministry of Justice


Attachment image001.jpg
15K Download


Tēnā koe Nadine

 

Thank you for your email of 20 September 2024, requesting information
under the Official Information Act 1982 (the Act), regarding the Medicines
Amendment Bill.

 

The Ministry has transferred your request in full to the Ministry of
Health (MOH), as the information to which your request relates is not held
by us but is believed to be held by the MOH. In these circumstances, we
are required by section 14 of the Act to transfer your request.

 

You will hear further from the MOH concerning your request in due course.
Contact can be made by email to: [1][email address].

 

If you are not satisfied with this response or the way the Ministry has
managed your request, 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:
[2][email address], or via the webform: [3]Make a complaint
(for members of the public) | Ombudsman New Zealand.

 

 

Ngā mihi nui | Kind regards,

   

Ministerial Services

Ministry of Justice | Tāhū o te Ture
Level 4 Justice Centre | Aitken Street

DX Box SX 10088 | Wellington

[4]www.justice.govt.nz

 

 

From: [Ministry of Justice request email] <[Ministry of Justice request email]>
Sent: Monday, 22 September 2025 8:35 a.m.
To: Nadine Connock <[FOI #32351 email]>
Subject: RE: Official Information request - Consistency with the New
Zealand Bill of Rights Act 1990: Medicines Amendment Bill (ref: 126171)

 

Tēnā koe Nadine,

Thank you for emailing the Ministry of Justice (the Ministry).

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 17 October 2025.

Ngā mihi nui,

 

Ministerial Services

   

Communications and Ministerial Services | Corporate Services

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

 

 

-----Original Message-----
From: Nadine Connock
Sent: Saturday, September 20, 2025 4:16 PM
To: [6][Ministry of Justice request email]
Subject: Official Information request - Consistency with the New Zealand
Bill of Rights Act 1990: Medicines Amendment Bill (ref: 126171)

 

Dear Ministry of Justice,

 

In a document dated 19 May 2021, legal advice LPA 01 01 24, addressed to
Hon David Parker Attorney-General, your Ministry stated the following:

 

6. Several medicines have been approved under section 23 including the
Pfizer COVID-19 vaccine. An issue has risen as to whether these consents
have been validly issued.

 

Please provide an explanation as to what this issue was, and why it was
believed consents were not validly issued.

 

7. The Bill amends the Principal Act to:

 

a) remove the requirement that provisional consent under section 23 be on
a restricted basis for the treatment of a limited number of persons; and

 

b) retrospectively validate certain existing provisional consents that
have been granted under section 23 of the Medicines Act; including consent
for the Pfizer vaccine.

 

Please provide the legal counsel that confirmed the requirement for these
amendments and the reasons why they were recommended.

 

Yours faithfully,

 

Nadine Connock

 

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

 

This is an Official Information request made via the FYI website.

 

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

[7][FOI #32351 email]

 

Is [8][Ministry of Justice request email] the wrong address for Official Information
requests to Ministry of Justice? If so, please contact us using this form:

[9]https://fyi.org.nz/change_request/new?bo...

 

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

[10]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.

 

 

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

 

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. https://www.ombudsman.parliament.nz/get-...
4. http://www.justice.govt.nz/
5. http://www.justice.govt.nz/
6. mailto:[Ministry of Justice request email]
7. mailto:[FOI #32351 email]
8. mailto:[Ministry of Justice request email]
9. https://fyi.org.nz/change_request/new?bo...
10. https://fyi.org.nz/help/officers

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From: OIA Requests


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Kia ora Nadine

 

Thank you for your request under the Official Information Act 1982 (the
Act), received by the Ministry of Health on 23 September 2025. You
requested:

 

In a document dated 19 May 2021, legal advice LPA 01 01 24, addressed to
Hon David Parker Attorney-General, your Ministry stated the following:

6. Several medicines have been approved under section 23 including the
Pfizer COVID-19 vaccine. An issue has risen as to whether these consents
have been validly issued.

Please provide an explanation as to what this issue was, and why it was
believed consents were not validly issued.

7. The Bill amends the Principal Act to:

a) remove the requirement that provisional consent under section 23 be on
a restricted basis for the treatment of a limited number of persons; and

b) retrospectively validate certain existing provisional consents that
have been granted under section 23 of the Medicines Act; including consent
for the Pfizer vaccine.

Please provide the legal counsel that confirmed the requirement for these
amendments and the reasons why they were recommended.

 

The reference number for your request is H2025073095. 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: [1]http://www.ombudsman.parliament.nz/

 

If you have any queries related to this request, please do not hesitate to
get in touch ([2][email address]).

 

 

Ngā mihi 
 
OIA Services Team 
[3]Ministry of Health information releases 

****************************************************************************
Statement of confidentiality: This e-mail message and any accompanying
attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege.
If you are not the intended recipient, do not read, use, disseminate,
distribute or copy this message or attachments.
If you have received this message in error, please notify the sender
immediately and delete this message.
****************************************************************************

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2. mailto:[email address]
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Link to this

From: Nadine Connock

Dear OIA Requests,

Please advise why you have transferred this request to the Ministry of Health, when the request relates to legal counsel the Ministry of Justice provided?

Yours sincerely,

Nadine Connock

Link to this

From: OIA@justice.govt.nz
Ministry of Justice


Attachment image001.jpg
15K Download


Tēnā koe Nadine

 

Your below email has been passed back to the Ministry of Justice for
response.

 

Your Official Information Act request largely relates to details
surrounding the Medicines Amendment Bill and the Medicines Act 1981, and
the Ministry of Health are responsible for these pieces of legislation.

 

As already advised, the information to which your request relates is not
held by us but is believed to be held by the MOH. We are required by
section 14 of the Act to transfer your request.

 

 

 

Ngā mihi nui | Kind regards,

   

Ministerial Services

Ministry of Justice | Tāhū o te Ture
Level 4 Justice Centre | Aitken Street

DX Box SX 10088 | Wellington

[1]www.justice.govt.nz

 

 

 

 

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

From: Nadine Connock <[2][FOI #32351 email]>
Sent: Tuesday, 23 September 2025 13:29
To: OIA Requests <[3][email address]>
Subject: Re: Acknowledgement of your request for official information,
ref: (H2025073095) CRM:0461318

 

Dear OIA Requests,

Please advise why you have transferred this request to the Ministry of
Health, when the request relates to legal counsel the Ministry of Justice
provided?

Yours sincerely,

Nadine Connock

-----Original Message-----

Kia ora Nadine

  

 Thank you for your request under the Official Information Act 1982 (the
 Act), received by the Ministry of Health on 23 September 2025. You
 requested:

  

 In a document dated 19 May 2021, legal advice LPA 01 01 24, addressed to
 Hon David Parker Attorney-General, your Ministry stated the following:

 6. Several medicines have been approved under section 23 including the
 Pfizer COVID-19 vaccine. An issue has risen as to whether these consents
 have been validly issued.

 Please provide an explanation as to what this issue was, and why it was
 believed consents were not validly issued.

 7. The Bill amends the Principal Act to:

 a) remove the requirement that provisional consent under section 23 be on
 a restricted basis for the treatment of a limited number of persons; and

 b) retrospectively validate certain existing provisional consents that
 have been granted under section 23 of the Medicines Act; including
consent
 for the Pfizer vaccine.

 Please provide the legal counsel that confirmed the requirement for these
 amendments and the reasons why they were recommended.

  

 The reference number for your request is H2025073095. 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: [1][4]https://aus01.safelinks.protection.outlo...

  

 If you have any queries related to this request, please do not hesitate
to
 get in touch ([2][email address]).

  

  

 Ngā mihi 
  
 OIA Services Team 
 [3]Ministry of Health information releases 
 
References

 Visible links
 1.
[5]https://aus01.safelinks.protection.outlo...
 2. [6]mailto:[email address]
 3. [7]https://www.health.govt.nz/about-ministr...

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[8][FOI #32351 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[9]https://aus01.safelinks.protection.outlo...

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.

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

****************************************************************************
Statement of confidentiality: This e-mail message and any accompanying
attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege.
If you are not the intended recipient, do not read, use, disseminate,
distribute or copy this message or attachments.
If you have received this message in error, please notify the sender
immediately and delete this message.
****************************************************************************

References

Visible links
1. http://www.justice.govt.nz/
2. mailto:[FOI #32351 email]
3. mailto:[email address]
4. http://www.ombudsman.parliament.nz/
5. http://www.ombudsman.parliament.nz/
6. mailto:[email
7. https://www.health.govt.nz/about-ministr...
8. mailto:[FOI #32351 email]
9. https://fyi.org.nz/help/officers

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Link to this

From: Nadine Connock

Dear [email address],

Could you please clarify further?

As the information is on a Ministry of Justice letterhead?

Yours sincerely,

Nadine Connock

Link to this

From: OIA@justice.govt.nz
Ministry of Justice


Attachment image001.jpg
7K Download


Tēnā koe Nadine,

 

Your request has been transferred to the Ministry of Health because the
questions relate to the policy behind the Medicines Bill, rather than the
Bill of Rights Act advice.

 

For example, you have asked why the amendments in the Bill were required
or recommended. Your request also asks for information about the problem
the Bill was addressing. As the Ministry of Health is responsible for the
Bill, they are best placed to respond.

 

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][Ministry of Justice request email] |
| | |
| |[4]justice.govt.nz |
+--------------------------------------------+

 

 

 

 

 

-----Original Message-----
From: Nadine Connock <[FOI #32351 email]>
Sent: Tuesday, September 23, 2025 7:01 PM
To: [Ministry of Justice request email]
Subject: RE: Acknowledgement of your request for official information,
ref: (H2025073095) CRM:0461318

 

Dear [5][Ministry of Justice request email],

 

Could you please clarify further?

 

As the information is on a Ministry of Justice letterhead?

 

Yours sincerely,

 

Nadine Connock

 

-----Original Message-----

 

Tēnā koe Nadine

 

 

 

Your below email has been passed back to the Ministry of Justice for 
response.

 

 

 

Your Official Information Act request largely relates to details 
surrounding the Medicines Amendment Bill and the Medicines Act 1981, and 
the Ministry of Health are responsible for these pieces of legislation.

 

 

 

As already advised, the information to which your request relates is not 
held by us but is believed to be held by the MOH. We are required by 
section 14 of the Act to transfer your request.

 

 

 

 

 

 

 

Ngā mihi nui | Kind regards,

 

   

 

Ministerial Services

 

Ministry of Justice | Tāhū o te Ture

Level 4 Justice Centre | Aitken Street

 

DX Box SX 10088 | Wellington

 

[1][6]www.justice.govt.nz

 

 

 

 

 

 

 

 

 

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

 

From: Nadine Connock <[2][FOI #32351 email]>

Sent: Tuesday, 23 September 2025 13:29

To: OIA Requests <[3][email address]>

Subject: Re: Acknowledgement of your request for official information,

ref: (H2025073095) CRM:0461318

 

 

 

Dear OIA Requests,

 

Please advise why you have transferred this request to the Ministry of 
Health, when the request relates to legal counsel the Ministry of Justice 
provided?

 

Yours sincerely,

 

Nadine Connock

 

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

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

[7][FOI #32351 email]

 

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

[8]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.

 

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

 

 

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. mailto:[Ministry of Justice request email]
4. http://www.justice.govt.nz/
5. mailto:[Ministry of Justice request email]
6. http://www.justice.govt.nz/
7. mailto:[FOI #32351 email]
8. https://fyi.org.nz/help/officers

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Link to this

From: OIA Requests


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Attachment H2025073095 response.pdf
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Kia ora,
Please find attached the response to your request for official
information.

Ngā mihi 

  

OIA Services Team

Ministry of Health  | Manatū Hauora 

M[1]inistry of Health information releases 

****************************************************************************
Statement of confidentiality: This e-mail message and any accompanying
attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege.
If you are not the intended recipient, do not read, use, disseminate,
distribute or copy this message or attachments.
If you have received this message in error, please notify the sender
immediately and delete this message.
****************************************************************************

References

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1. https://www.health.govt.nz/about-ministr...

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From: Nadine Connock

Dear OIA Requests,
You have provided a document with 24 pages of text.

For the avoidance of doubt, please respond to the questions asked, with appropriate answers.

Yours sincerely,

Nadine Connock

Link to this

From: OIA Requests


Attachment Outlook hnvfylre.png
42K Download


Kia ora,
Thank you for your email dated 2 October 2025.
The Ministry stands by the decision made and has nothing further to add to
address your request. 
This is because the information we have provided; the court decision dated
May 2021, sets out the background to your questions in relation to the
approval of medicines under section 23 of the Medicines Act 1981 in the
context of your request, and provides the rationale for the amendment(s).
Both of your questions are addressed in the court decision document
provided.
Under section 28(3) of the Act, you have the right to ask the Ombudsman to
review any decisions made under your requests. The Ombudsman may be
contacted by email at: [1][email address] or by calling 0800
802 602.  
Ngā mihi 

  

OIA Services Team

Ministry of Health  | Manatū Hauora 

M[2]inistry of Health information releases 

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

From: Nadine Connock <[FOI #32351 email]>
Sent: Thursday, 2 October 2025 16:11
To: OIA Requests <[email address]>
Subject: Re: Response to your official information request, ref:
H2025073095 CRM:0461318
 
Dear OIA Requests,
You have provided a document with 24 pages of text.

For the avoidance of doubt, please respond to the questions asked, with
appropriate answers.

Yours sincerely,

Nadine Connock

-----Original Message-----

Kia ora,
 Please find attached the response to your request for official
 information.

 Ngā mihi 

   

 OIA Services Team

 Ministry of Health  | Manatū Hauora 

 M[1]inistry of Health information releases 
 
References

 Visible links
 1. [3]https://www.health.govt.nz/about-ministr...

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #32351 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[4]https://aus01.safelinks.protection.outlo...

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.

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

****************************************************************************
Statement of confidentiality: This e-mail message and any accompanying
attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege.
If you are not the intended recipient, do not read, use, disseminate,
distribute or copy this message or attachments.
If you have received this message in error, please notify the sender
immediately and delete this message.
****************************************************************************

References

Visible links
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2. https://www.health.govt.nz/about-ministr...
3. https://www.health.govt.nz/about-ministr...
4. https://fyi.org.nz/help/officers

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