Copies of correspondence bteween MedSafe and Johnson & Johnson regarding Ortho EVRA
Andrew Jull made this Official Information request to Ministry of Health
Response to this request is long overdue. By law Ministry of Health should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
From: Andrew Jull
Dear Ministry of Health,
Gardiner Harris noted in his 2025 book "No More Tears - The Dark Secrets of Johnson & Johnson" that New Zealand regulators refused to approve the marketing of the Ortho EVRA, a combination contraceptive transdermal patch, quoting Dr Suzanne Parisian's Expert Report available in Dangerous Drugs & Medical Devices July 22, 2009 as the source for this information. Apparently, marketing approval was sought in 2004 and refused in December of that year.
I, therefore, seek copies of all correspondence between Johnson & Johnson and Medsafe regarding Ortho EVRA in the ear 2004.
Yours faithfully,
Andrew Jull
From: OIA Requests
Kia ora Andrew,
Thank you for your request under the Official Information Act 1982 (the
Act), received by the Ministry of Health on 16 January 2026. You
requested:
“Copies of all correspondence between Johnson & Johnson and Medsafe
regarding Ortho EVRA in the year 2004.”
The reference number for your request is <REF>. 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
Ministry of Health | Manatū Hauora
****************************************************************************
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2. mailto:[email address]
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From: OIA Requests
Kia ora Andrew,
Apologies - your reference number for this request is H2026077616.
Kia pai tō rā,
OIA Services Team
Ministry of Health | Manatū Hauora
--------------------------------------------------------------------------
From: OIA Requests <[email address]>
Sent: Tuesday, 20 January 2026 11:51
To: Andrew Jull <[FOI #33529 email]>
Subject: Acknowledgement of your request for official information, ref:
H2026077616 CRM:0489604
Kia ora Andrew,
Thank you for your request under the Official Information Act 1982 (the
Act), received by the Ministry of Health on 16 January 2026. You
requested:
“Copies of all correspondence between Johnson & Johnson and Medsafe
regarding Ortho EVRA in the year 2004.”
The reference number for your request is <REF>. 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
Ministry of Health | Manatū Hauora
****************************************************************************
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.ombudsman.parliament.nz/
2. mailto:[email address]
hide quoted sections
From: OIA Requests
Kia ora
Thank you for your request for official information, received on 16
January 2026 for:
“copies of all correspondence between Johnson & Johnson and Medsafe
regarding Ortho EVRA in the ear 2004”
The Ministry is contacting you in order to refine the scope of your
request. Currently, your request requires a search through a considerable
volume of material. The Ministry has retrieved the hard-copy records
stored off-site, however in order to determine what information is in
scope of your request, a significant amount of time is required to look
through the collated material. As such, your request may be refused under
section 18(f) of the Act, that the information requested cannot be made
available without substantial collation or research.
In order to provide you with the relevant information sooner and in order
to work within a more manageable request, are you happy to refine your
request to:
All application forms, cover letters relating to the application and any
responses to requests for information, and Medsafe requests for
information.
Please note the Ministry is considering an extension to the period
available to respond to your request, in accordance with section 15A of
the Act. While the refinement of your request will assist the Ministry in
our ability to collate the relevant material and respond to your request,
further time may be required to physically look through the retrieved
records and assess them.
Please respond by Friday 13 January 2026 so that we can consider your
refinement in our response to your request.
Ngâ mihi,
OIA Services Team
Ministry of Health | Manatû Hauora
****************************************************************************
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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From: Andrew Jull
Dear OIA Requests,
Thank you for your response, and I appreciate the efforts made to comply with my request. You have suggested a refinement of my request to
"All application forms, cover letters relating to the application and any responses to requests for information, and Medsafe requests for information."
I am happy to accede to this refinement, but with one stipulation. The above refinement would not appear to include Medsafe's final notification of the decision to Johnson & Johnson. Of course, I am not familiar with Medsafe's processes and the above refinement may include this information, but if not, could the refinement be
"All application forms, cover letters relating to the application and any responses to requests for information, Medsafe requests for information, and the formal notification to Johnson & Johnson of a final decision by Medsafe."
Yours sincerely,
Andrew Jull
From: OIA Requests
Kia ora,
Thank you for your response. Your suggested refinement to ensure the
inclusion of "the formal notification to Johnson & Johnson of a final
decision by Medsafe" is agreed to by the Ministry.
As noted on Wednesday 11^th February, the Ministry is issuing a formal
extension to the period available to respond to your request, in
accordance with section 15A of the Act. While the agreed refinement has
assisted the Ministry in our ability to collate the relevant material,
further time is required to physically look through the retrieved records
and assess them.
You can now expect a response to your request on, or before, Friday 27
February 2026.
You have the right, under section 28 of the Act, to ask the Ombudsman to
review thisdecision to extend the time available to respond to your
request.
Thank you again for your assistance with this refinement.
Ngā mihi,
OIA Services Team
Ministry of Health | Manatū Hauora
--------------------------------------------------------------------------
From: Andrew Jull <[FOI #33529 email]>
Sent: Wednesday, 11 February 2026 13:42
To: OIA Requests <[email address]>
Subject: Re: Refinement of your request for information, ref: H2026077616
CRM:0489604
Dear OIA Requests,
Thank you for your response, and I appreciate the efforts made to comply
with my request. You have suggested a refinement of my request to
"All application forms, cover letters relating to the application and any
responses to requests for information, and Medsafe requests for
information."
I am happy to accede to this refinement, but with one stipulation. The
above refinement would not appear to include Medsafe's final notification
of the decision to Johnson & Johnson. Of course, I am not familiar with
Medsafe's processes and the above refinement may include this
information, but if not, could the refinement be
"All application forms, cover letters relating to the application and any
responses to requests for information, Medsafe requests for information,
and the formal notification to Johnson & Johnson of a final decision by
Medsafe."
Yours sincerely,
Andrew Jull
-----Original Message-----
Kia ora
Thank you for your request for official information, received on 16
January 2026 for:
“copies of all correspondence between Johnson & Johnson and Medsafe
regarding Ortho EVRA in the ear 2004”
The Ministry is contacting you in order to refine the scope of your
request. Currently, your request requires a search through a considerable
volume of material. The Ministry has retrieved the hard-copy records
stored off-site, however in order to determine what information is in
scope of your request, a significant amount of time is required to look
through the collated material. As such, your request may be refused under
section 18(f) of the Act, that the information requested cannot be made
available without substantial collation or research.
In order to provide you with the relevant information sooner and in order
to work within a more manageable request, are you happy to refine your
request to:
All application forms, cover letters relating to the application and any
responses to requests for information, and Medsafe requests for
information.
Please note the Ministry is considering an extension to the period
available to respond to your request, in accordance with section 15A of
the Act. While the refinement of your request will assist the Ministry in
our ability to collate the relevant material and respond to your request,
further time may be required to physically look through the retrieved
records and assess them.
Please respond by Friday 13 January 2026 so that we can consider your
refinement in our response to your request.
Ngâ mihi,
OIA Services Team
Ministry of Health | Manatû Hauora
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #33529 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[1]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. https://fyi.org.nz/help/officers
hide quoted sections
From: OIA Requests
Kia ora
Thank you for your request for official information, received on 16
January 2026 for:
“Copies of all correspondence between Johnson & Johnson and Medsafe
regarding Ortho EVRA in the ear 2004”
The Ministry contacted you on the 11 February 2026 in order to refine the
scope of your request. You agreed to the suggested refinement with one
additional suggestion from you. As a result, the refined scope of the
request is:
"All application forms, cover letters relating to the application and any
responses to requests for information, Medsafe requests for information,
and the formal notification to Johnson & Johnson of a final decision by
Medsafe."
Pursuant to section 15(1)(a) of the Act, Manatû Hauora (the Ministry of
Health) is writing to advise you that a decision has been made on your
request; however more time is required to administratively process the
information for release.
We apologise for the inconvenience and any frustration caused to you as a
result and we are endeavouring to provide this to you as soon as
practicable. This includes 18 documents with some information being
withheld under the following sections of the Act:
o 9(2)(b)(ii), to protect information where the making available of the
information would be likely unreasonably to prejudice the commercial
position of the person who supplied or who is the subject of the
information; and,
o 9(2)(ba)(ii) to protect information which is subject to an obligation
of confidence or which any person has been or could be compelled to
provide under the authority of any enactment, where the making
available of the information would be likely otherwise to damage the
public interest.
We will send you the information, on or before, by 27 March 2026.
Under section 28(3) of the Act you have the right to ask the Ombudsman to
review any decisions made under this request. The Ombudsman may be
contacted by email at: [1][email address] or by calling 0800
802 602.
Ngâ mihi,
OIA Services Team
Ministry of Health | Manatû Hauora
****************************************************************************
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. mailto:[email address]
hide quoted sections
From: Andrew Jull
Dear OIA Requests,
In response to my previous correspondence, you reported that there were 18 documents that needed to be accessed and that the information would be forwarded to me before or on 27 March 2026. It is now several weeks past that date and I request an update on when I can expect to receive the requested information.
Yours sincerely,
Andrew Jull
From: OIA Requests
Kia ora Andrew,
Thank you for your email. The Ministry would like to apologise for the
delay in providing the documents to you.
There has been some delays in finalising the material for release, owing
to further discussions with the third-party company.
The Ministry will send the information as soon as possible. Please accept
our apologies for the delay.
Ngā mihi,
OIA Services Team
Ministry of Health | Manatū Hauora
--------------------------------------------------------------------------
From: Andrew Jull <[FOI #33529 email]>
Sent: Tuesday, 21 April 2026 11:09
To: OIA Requests <[email address]>
Subject: Re: Decision regarding your request for information, ref:
H2026077616 CRM:0489604
Dear OIA Requests,
In response to my previous correspondence, you reported that there were 18
documents that needed to be accessed and that the information would be
forwarded to me before or on 27 March 2026. It is now several weeks past
that date and I request an update on when I can expect to receive the
requested information.
Yours sincerely,
Andrew Jull
-----Original Message-----
Kia ora
Thank you for your request for official information, received on 16
January 2026 for:
“Copies of all correspondence between Johnson & Johnson and Medsafe
regarding Ortho EVRA in the ear 2004”
The Ministry contacted you on the 11 February 2026 in order to refine the
scope of your request. You agreed to the suggested refinement with one
additional suggestion from you. As a result, the refined scope of the
request is:
"All application forms, cover letters relating to the application and any
responses to requests for information, Medsafe requests for information,
and the formal notification to Johnson & Johnson of a final decision by
Medsafe."
Pursuant to section 15(1)(a) of the Act, Manatû Hauora (the Ministry of
Health) is writing to advise you that a decision has been made on your
request; however more time is required to administratively process the
information for release.
We apologise for the inconvenience and any frustration caused to you as a
result and we are endeavouring to provide this to you as soon as
practicable. This includes 18 documents with some information being
withheld under the following sections of the Act:
o 9(2)(b)(ii), to protect information where the making available of the
information would be likely unreasonably to prejudice the commercial
position of the person who supplied or who is the subject of the
information; and,
o 9(2)(ba)(ii) to protect information which is subject to an obligation
of confidence or which any person has been or could be compelled to
provide under the authority of any enactment, where the making
available of the information would be likely otherwise to damage the
public interest.
We will send you the information, on or before, by 27 March 2026.
Under section 28(3) of the Act you have the right to ask the Ombudsman to
review any decisions made under this request. The Ombudsman may be
contacted by email at: [1][email address] or by calling 0800
802 602.
Ngâ mihi,
OIA Services Team
Ministry of Health | Manatû Hauora
References
Visible links
1. [1]mailto:[email address]
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #33529 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[2]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. mailto:[email
2. https://fyi.org.nz/help/officers
hide quoted sections
From: Andrew Jull
Dear OIA Requests,
Thank you for your update. With respect, your most recent letter did not address when I could expect the requested information to be made available, which was the subject of my last reply.
I appreciate you are dealing with a third party, likely to be Johnson & Johnson, but they have had reasonable opportunity to respond assuming that the third party was informed of the request along with their options when the first release date of "on or before 27 March 2026" was sent to me.
The Ombudsman's guidelines on consulting third parties offer a definition of a reasonable timeframe for third-party responses: 5-10 working days, with the possibility of extending to 20 working days if the matter is more complex. Both of these timeframes are well past.
I therefore request to be urgently informed of a specific date by which I expect the requested information to be released. If a reply is unduely delayed, I will be complaining to the Ombudsman.
Yours sincerely,
Andrew Jull
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence (note: this contains the same information already available above).
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