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16 October 2025
Nadine Connock
[FYI request #32352 email]
Our ref: OIA 126172
Tēnā koe Nadine
Official Information Act request: New Zealand Bil of Rights Act 1990
Thank you for your email of 20 September 2025, requesting under the Of icial Information
Act 1982 (the Act), information about advice on the consistency of the Medicines
Amendment Bil with the New Zealand Bil of Rights Act 1990 (NZBORA). Specifically, you
requested:
On a document titled 19 May 2021, Legal Advice, LPA 01 01 24, addressed to Hon
David Parker Attorney-General, your Ministry states the following:
9. Section 10 of the Bil of Rights Act affirms that every person has the right not to be
subjected to medical or scientific experimentation without that person's consent.
10. The Bil allows new medicines to have provisional consent without any
requirement that it be for a limited number of people. This could potentially include
new medicines that could be considered "experimental".
11. However, we do not think that potentially exposing a wider range of people to
"experimental" medicine engages section 10.
12. The fact that medicine is "experimental" does not make it "experimentation", if, for
example, there is no plan to "gather any new or additional information about the
effect of the thing on people for general scientific purposes".
13. Further, the Bil does not affect requirements to ensure that any medical
experiments are conducted in a way that is consistent with the Bil of Rights Act, for
example, by requiring informed consent.
Please provide the scientific evidence that was provided to support these opinions.
Please provide the peer reviewed data that supported these opinions.
Please advise if these opinions were corroborated against International Covenant on
Civil and Political Rights (ICCPR) recommendations or any other international
standards or conventions.

The Ministry of Justice (the Ministry) and the Crown Law Office advise the Attorney-General
on the consistency of all Bills with NZBORA. The statements you have quoted are examples
of legal analysis that do not rely on reference to scientific evidence or peer reviewed data.
Therefore, your request is being refused under section 18(g)(i) of the Act as the information
is not held by the Ministry, and I have no grounds for believing it is held by another agency
or Minister subject to the Act.
If you would like more information about the policy underlying the Medicines Amendment Act
2021, you can contact the Ministry of Health at: [email address]
Please note that this response, with your personal details removed, may be published on the
Ministry website at:
Of icial Information Act responses | New Zealand Ministry of Justice.
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:
Make a complaint (for members of the public) | Ombudsman New Zealand.
Nāku noa, nā
Kathy Brightwell
General Manager, Civil and Constitutional Policy