16 January 2026
Ref: DOIA-REQ-0026061-Erika Whittome
Erika Whittome
Email: [FYI request #33489 email]
Tēnā koe Erika
Thank you for your email of 12 January 2026 to the Ministry of Business, Innovation and Employment
(MBIE) requesting, under the Official Information Act 1982 (the Act), the fol owing information:
I see there is legal advice in this 10 Dec 2021
Briefing https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.mbie.govt.nz%2Fdm
sdocument%2F20010-signing-of-the-covid-19-public-health-response-specified-work-vaccinations-order-
2021&data=05%7C02%7CMinisterialServices%40mbie.govt.nz%7C2f668c3dfeae442f323e08de518abfb6%
7C78b2bd11e42b47eab0112e04c3af5ec1%7C0%7C0%7C639037853548373387%7CUnknown%7CTWFpbG
Zsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ
%3D%3D%7C0%7C%7C%7C&sdata=%2B7%2FlV3pV%2Bi12OAu8qcVkbFSyia%2BgWCjMXVwG9LdNnZk%3
D&reserved=0
on limiting the New Zealand Bil 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 Bil 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 Bil 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.
MBIE has careful y considered your request. The analysis and advice provided to the Minister about
whether the Order does not limit or is a justified limit on the rights and freedoms in the New Zealand Bil
of Rights Act 1990, remains legally privileged. While transparency is important, there is no clear public
interest in releasing privileged legal communications that would override the need to preserve
confidentiality.
Therefore, it is necessary to withhold the information you requested under section 9(2)(h) of the Act,
which protects legal professional privilege.
If you wish to discuss any aspect of your request or this response, or if you require any further assistance,
please contact
[email address].
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.
Nāku noa, nā
Bridget Duley
Manager, Employment Relations Policy
Labour, Science and Enterprise, MBIE