28 October 2025
John Armstrong
By email:
[FYI request #32476 email]
Tēnā koe John
Legal advice and Cabinet papers regarding Pfizer/Comirnaty provisional consent and
Medicines Amendment Act 2021
Our Ref: OIA-2526057
1.
We refer to your request under the Official Information Act 1982 dated 6 October
2025 for the following information:
1/ Legal advice and internal correspondence between Crown Law and the
Ministry of Health, and the Department of the PM and cabinet (DPMC), and
Medsafe, concerning the grant of provisional consent to Comirnaty
(Pfizer/BioNTech Covid-19 vaccine) under s23 of the Medicines Act 1981,
including:
2/ Any advice or opinion regarding the requirement in s23 (pre-amendment)
that consent be limited to “the treatment of a limited number of patients.”
3/ Any assessment of whether the provisional consent for Comirnaty was
intra vires or ultra vires s23. Any briefings to DPMC, Medsafe and Ministry of
Health.
4/ Crown Law reports relating to the urgent passage of the Medicines
Amendment Act 2021 (enacted 19 May 2021), including:
a/ The legal advice justifying the removal of the “limited number of
patients” wording.
b/ Any advice about the need for retrospective validation of provisional
consents already granted (including Comirnaty).
c/ Any advice on alternative options that were considered but not
adopted.
d/ Communications with external regulators (e.g., Australia’s TGA or
international regulators) regarding whether provisional consent in New
Zealand was consistent with the scope of s23 at the time.
Level 2 Justice
Centre, 19 Aitken Street, Wellington 6011 | PO Box 2858 or DX SP20208, Wellington 6140, New Zealand | +64 4 472 1719 | crownlaw.govt.nz
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5/ Any risk assessments prepared between November 2020 and June 2021
regarding the legality, legal risk, or judicial review exposure of provisional
consents under s23.
2.
The Official Information Act requires that we advise you of our decision on your
request no later than 20 working days after the day we received your request.
Unfortunately, it will not be possible for us to respond to your request within that
time limit. We are therefore writing to notify you of an extension of time to make
our decision under section 15A of the Act, to
21 November 2025.
3.
This extension is necessary because your request is for a large quantity of
information and meeting the original time limit would unreasonably interfere with
our operations.
4.
You have the right to seek an investigation and review by the Ombudsman of this
decision. Information about how to make a complaint is available at
www.ombudsman.parliament.nz or freephone 0800 802 602.
5.
If you wish to discuss any aspect of your request, please feel free to contact us by
return email.
Nāku noa, nā
Crown Law
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