Legal advice in the Specified Work Vaccinations Order 2021
Erika Whittome made this Official Information request to Ministry of Business, Innovation & Employment
The request was refused by Ministry of Business, Innovation & Employment.
From: Erika Whittome
Dear Ministry of Business, Innovation & Employment,
I see there is legal advice in this 10 Dec 2021 Briefing https://www.mbie.govt.nz/dmsdocument/200...
on limiting the New Zealand Bill of Rights 1990 . Page 1 says:
"Before signing the SWVO:
• You must be satisfied that the Order does not limit or is a justified limit on the rights and
freedoms in the New Zealand Bill of Rights Act 1990 (BORA)"
1. Would you kindly share any and all analysis, advice and statement that satisfied the Minister that the Order does not limit or is a justified limit on the rights and
freedoms in the New Zealand Bill of Rights Act 1990 (BORA)"
2. Pages 6 and 7 of this document are redacted legal advice which says:
"17. Some of the above matters are covered in your paper to Cabinet on 22 November 2021 seeking approval to mandate vaccination for the workforces concerned. For completion, we have reproduced some of that material below.
Kindly share this legal advice given the wide purview of public workforces that were impacted by this advice.
Yours faithfully,
Erika Whittome
From: Ministerials
Ministry of Business, Innovation & Employment
Kia ora Erika Whittome,
On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 12/01/2026 requesting, under the Official
Information Act 1982, the following:
Dear Ministry of Business, Innovation & Employment,
I see there is legal advice in this 10 Dec 2021 Briefing
https://aus01.safelinks.protection.outlo...
on limiting the New Zealand Bill of Rights 1990 . Page 1 says:
'Before signing the SWVO:
• You must be satisfied that the Order does not limit or is a justified
limit on the rights and
freedoms in the New Zealand Bill of Rights Act 1990 (BORA)'
1. Would you kindly share any and all analysis, advice and statement that
satisfied the Minister that the Order does not limit or is a justified
limit on the rights and
freedoms in the New Zealand Bill of Rights Act 1990 (BORA)'
2. Pages 6 and 7 of this document are redacted legal advice which says:
'17. Some of the above matters are covered in your paper to Cabinet on 22
November 2021 seeking approval to mandate vaccination for the workforces
concerned. For completion, we have reproduced some of that material below.
Kindly share this legal advice given the wide purview of public workforces
that were impacted by this advice.
We will endeavour to respond to your request as soon as possible, and no
later than 13/02/2026, being 20 working days after the day your request
was received. If we are unable to respond to your request by then, we will
notify you of an extension of that timeframe. Please note that the days
from 25 December 2025 to 15 January 2026 (inclusive) are defined as
non-working days in the Act and are not counted in the calculation for the
response due date. This will affect the time period for responding to your
request. If you have any enquiries regarding your request feel free to
contact us via email to [1][MBIE request email].
Nāku noa, nā
Ministerial Services
Strategy and Assurance
Ministry of Business, Innovation & Employment
15 Stout Street, Wellington 6011 | P O Box 1473 Wellington 6140
References
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1. mailto:[MBIE request email]
From: Ministerials
Ministry of Business, Innovation & Employment
Kia ora Erika,
Please find attached response to your Official Information Act request.
Ngā mihi nui
Joe Andrews
Ministerial Services Advisor
Office of the Deputy Secretary, LSE | Ministry of Business, Innovation &
Employment
From: Erika Whittome
Dear Bridget Duley,
Manager, Employment Relations Policy , Labour, Science and Enterprise, MBIE
I disagree that there is not public interest in this legal advice for requiring vaccinations. There is a royal covid enquiry phase 2 that is covering vaccine mandates. There is also this new petition to release legal advice regarding covid vaccines already has numerous signatures and it is less than 24 hours old: https://petitions.parliament.nz/d21b6163... .
Would you please kindly reconsider your decision not to release the information under the Act?
Yours sincerely,
Erika Whittome
From: Erika Whittome
Dear Ministerials,
I have lodged a complaint with the ombudsman regarding the requested information being withheld.
There is a wide purview of this advice and secrecy on public matters destroys confidence in government
Yours sincerely,
Erika Whittome
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