Engagement of Dundas St Law for unvaccinated workers at the DHBs
Erika Whittome made this Official Information request to Health New Zealand
Response to this request is long overdue. By law Health New Zealand should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
From: Erika Whittome
Dear Health New Zealand,
A response to an official information act request revealed there 357 nurses, 26 doctors and 64 midwives who left as a result of the New Zealand government’s vaccination order up to March 2022 here https://fyi.org.nz/request/18233/respons...
Many more were terminated after requirements for boosters in March 2022.
The following documents listed below are from staff at DUNDAS STREET LAW and are the properties from the Microsoft word documents. These documents were used as template letters for unvaccinated DHB workers eg to stop them working from 15 November 2021, follow another exemption process, terminate employment and to rebut a "Voices for Freedom":
Medical Exemption .docx
--------------------------------------------------
Authors Jack Rainbow
last saved by Jack Rainbow
Content created 28/10/2021 11:49am
Last printed 21/10/2021 1:56pm
Stand down letter template (1).docx
--------------------------------------------------
Authors Jack Rainbow
Last saved by Simon Hughes
Content created 10/11/2021 11:53am
Date last saved 10/11/2021 11:53am
Last printed 21/10/2021 1:56pm
Stand down letter template.docx
--------------------------------------------------
Authors Jack Rainbow
Last saved by Jack Rainbow
Content created 21/10/2021 10:22am
Date last saved 28/10/2021 10:48am
Last printed 21/10/2021 1:56pm
Total editing time 04:05:00
Termination Letter.docx
--------------------------------------------------
Authors Jack Rainbow
Last saved by Jack Rainbow
Content created 21/10/2021 10:22am
Date last saved 28/10/2021 10:48am
Last printed 22/10/2021 1:43pm
Total editing time 07:05:00
There is also an "Implementation process letter" containing steps for the DHBs to follow for unvaccinated workers and their employment termination.
Template DHB Response to Voices for Freedom letters.docx
--------------------------------------------------
Authors Megan Vant
Last saved by DundasSt
Content created 20/10/2021 09:02am
Date last saved 20/10/2021 4:20am
Last printed 20/10/2021 12:22pm
Total editing time 03:11:00
Template DS Blank (with quick keys) 0616.dotx
Implementation Process Letter.docx
--------------------------------------------------
Authors Chloe Luscombe
Last saved by Rory Barton
Content created 28/10/2021 12:10pm
1. Would you please share the minutes of the decision to engage Dundas Street Law to write all these letters/documents?
2. Would you please share the brief and work order request for these letters to be drafted?
3. Would you please share the cost to the DHB for Dundas Street Law to write all these template letters?
Yours faithfully,
Erika Whittome
From: hnzOIA
Tēnākoe,
Thank you for contacting Health New Zealand | Te Whatu Ora.
This is an automatic reply to confirm that we have received your email.
Depending on the nature of your request you may not receive a response for
up to 20 working days.
We will try to respond to your query as quickly as possible.
Ngā mihi
Health NZ | Te Whatu Ora.
Statement of confidentiality: This email 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
From: Erika Whittome
Dear hnzOIA,
Would you please include the following document created by Dundas St Law in circulation at DHBs to be in scope of this information request? These are the MSWord document's properties:
Covid Mandate FAQs - Final.docx
Authors Jack Rainbow
Last saved by Jack Rainbow
Content created 19/10/2021 5:23pm
Date last saved 21/10/2021 10:20am
Last printed 19/10/2021 11:44am
Yours sincerely,
Erika Whittome
From: hnzOIA
Tçnâ koe,
Thank you for your email.
Under the Official Information Act (OIA), agencies are required to respond
to requests for official information as soon as reasonably practicable and
no later than 20 working days after receiving them.
If your request is for data that Health NZ holds, have you checked
[1]Lighthouse first to see if the data you are seeking is already
published?
Lighthouse is a searchable catalogue that makes a range of data and
analytics products available to New Zealanders to enable easier, faster
access to insights about health services.
You can find further information about how OIA timeframes are calculated,
including the Ombudsman’s OIA calculator, at the link below:
[2]Official information calculators | Ombudsman New Zealand
We will provide a response to your request in line with the statutory
timeframes set out in the OIA.
We appreciate your understanding and patience during this time.
Ngâ mihi,
Health NZ | Te Whatu Ora
Statement of confidentiality: This email 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://www.tewhatuora.govt.nz/for-healt...
https://www.tewhatuora.govt.nz/for-healt...
2. https://aus01.safelinks.protection.outlo...
https://www.ombudsman.parliament.nz/agen...
From: hnzOIA
Kia ora Erika,
Thank you for your request of for the following information:
The following documents listed below are from staff at DUNDAS STREET LAW
and are the properties from the Microsoft word documents. These documents
were used as template letters for unvaccinated DHB workers eg to stop them
working from 15 November 2021, follow another exemption process, terminate
employment and to rebut a "Voices for Freedom":
Medical Exemption .docx
--------------------------------------------------
Authors Jack Rainbow
last saved by Jack Rainbow
Content created 28/10/2021 11:49am
Last printed 21/10/2021 1:56pm
Stand down letter template (1).docx
--------------------------------------------------
Authors Jack Rainbow
Last saved by Simon Hughes
Content created 10/11/2021 11:53am
Date last saved 10/11/2021 11:53am
Last printed 21/10/2021 1:56pm
Stand down letter template.docx
--------------------------------------------------
Authors Jack Rainbow
Last saved by Jack Rainbow
Content created 21/10/2021 10:22am
Date last saved 28/10/2021 10:48am
Last printed 21/10/2021 1:56pm
Total editing time 04:05:00
Termination Letter.docx
--------------------------------------------------
Authors Jack Rainbow
Last saved by Jack Rainbow
Content created 21/10/2021 10:22am
Date last saved 28/10/2021 10:48am
Last printed 22/10/2021 1:43pm
Total editing time 07:05:00
There is also an "Implementation process letter" containing steps for the
DHBs to follow for unvaccinated workers and their employment termination.
Template DHB Response to Voices for Freedom letters.docx
--------------------------------------------------
Authors Megan Vant
Last saved by DundasSt
Content created 20/10/2021 09:02am
Date last saved 20/10/2021 4:20am
Last printed 20/10/2021 12:22pm
Total editing time 03:11:00
Template DS Blank (with quick keys) 0616.dotx
Implementation Process Letter.docx
show quoted sections
From: OIA Requests
Health New Zealand
Kia ora Erika,
Thank you for your request under the Official Information Act 1982 (the
Act), received by the Ministry of Health - Manatû Hauora on 2 March 2026.
You requested:
“The following documents listed below are from staff at DUNDAS STREET LAW
and are the properties from the Microsoft word documents. These documents
were used as template letters for unvaccinated DHB workers eg to stop them
working from 15 November 2021, follow another exemption process, terminate
employment and to rebut a "Voices for Freedom":
Medical Exemption .docx
--------------------------------------------------
Authors Jack Rainbow
last saved by Jack Rainbow
Content created 28/10/2021 11:49am
Last printed 21/10/2021 1:56pm
Stand down letter template (1).docx
--------------------------------------------------
Authors Jack Rainbow
Last saved by Simon Hughes
Content created 10/11/2021 11:53am
Date last saved 10/11/2021 11:53am
Last printed 21/10/2021 1:56pm
Stand down letter template.docx
--------------------------------------------------
Authors Jack Rainbow
Last saved by Jack Rainbow
Content created 21/10/2021 10:22am
Date last saved 28/10/2021 10:48am
Last printed 21/10/2021 1:56pm
Total editing time 04:05:00
Termination Letter.docx
--------------------------------------------------
Authors Jack Rainbow
Last saved by Jack Rainbow
Content created 21/10/2021 10:22am
Date last saved 28/10/2021 10:48am
Last printed 22/10/2021 1:43pm
Total editing time 07:05:00
There is also an "Implementation process letter" containing steps for the
DHBs to follow for unvaccinated workers and their employment termination.
Template DHB Response to Voices for Freedom letters.docx
--------------------------------------------------
Authors Megan Vant
Last saved by DundasSt
Content created 20/10/2021 09:02am
Date last saved 20/10/2021 4:20am
Last printed 20/10/2021 12:22pm
Total editing time 03:11:00
Template DS Blank (with quick keys) 0616.dotx
Implementation Process Letter.docx
show quoted sections
From: Erika Whittome
Dear OIA Requests,
I have lodged a complaint with the Ombudsman due to no response on the request for information under the Act
Yours sincerely,
Erika Whittome
From: OIA Requests
Health New Zealand
Kia ora Erika,
Thank you for your email. Your request was transferred to the Ministry of
Health from Health New Zealand - Te Whatu Ora on the 2 March 2026. As
agencies have 20 working days to make a decision on a request under the
Official Information Act (OIA), the due date for the Ministry to respond
is 30^th March 2026.
This due date can be calculated on the Ombudsman website at:
[1]https://www.ombudsman.parliament.nz/agen....
Ngā mihi,
OIA Services Team
Ministry of Health | Manatū Hauora
--------------------------------------------------------------------------
From: Erika Whittome <[FOI #33708 email]>
Sent: Sunday, 22 March 2026 06:38
To: OIA Requests <[email address]>
Subject: Re: Acknowledgement of your request for official information, ref
H2026079442 CRM:0141176
Dear OIA Requests,
I have lodged a complaint with the Ombudsman due to no response on the
request for information under the Act
Yours sincerely,
Erika Whittome
show quoted sections
From: OIA Requests
Health New Zealand
Kia ora Erika
Please find attached the response to your request for official
information.
Ngā mihi,
OIA Services Team
Ministry of Health | Manatū Hauora
show quoted sections
From: Erika Whittome
Dear Mr Knipe
The information has been withheld citing legal privilege. Would you please confirm that the withheld information does not anywhere discuss any violations of laws, such as the New Zealand Bill of Rights and the Human Rights Act 1990 or any other constitutional legislation?
As well as ethical obligations, the attorney client privilege does not cover the cooperation and planning and enabling of the continued violation of laws.
Yours sincerely,
Erika Whittome
From: OIA Requests
Health New Zealand
Kia ora Erika
Advice has been withheld on the basis of legal professional privilege, and
extends to your request for information about content. Please note
however that under section 9(1)(ba) of the COVID-19 Public Health Response
Act 2020, there was a statutory prerequisite that when making an order,
the Minister was required to be satisfied that the order does not limit,
or was a justified limit, on the rights and freedoms in the New Zealand
Bill of Rights Act 1990.
Ngā mihi,
OIA Services Team
Ministry of Health | Manatū Hauora
--------------------------------------------------------------------------
From: Erika Whittome <[FOI #33708 email]>
Sent: Monday, 30 March 2026 20:29
To: OIA Requests <[email address]>
Subject: Re: Response to your official information Act request, ref:
H2026079442 CRM:0141176
Dear Mr Knipe
The information has been withheld citing legal privilege. Would you please
confirm that the withheld information does not anywhere discuss any
violations of laws, such as the New Zealand Bill of Rights and the Human
Rights Act 1990 or any other constitutional legislation?
As well as ethical obligations, the attorney client privilege does not
cover the cooperation and planning and enabling of the continued violation
of laws.
Yours sincerely,
Erika Whittome
show quoted sections
From: Erika Whittome
Dear OIA Requests,
This request for information is not about the Order.
The request is for information on the engagement of Dundas St law for writing template letters to go to unvaccinated workers at the DHBs.
You have withheld this information citing legal privilege. Would you please confirm that the withheld information about Dundas St does not anywhere discuss any violations of laws, such as the New Zealand Bill of Rights and the Human Rights Act 1990 or any other constitutional legislation?
As well as ethical obligations, the attorney client privilege does not cover the cooperation and planning and enabling of the continued violation of laws.
Yours sincerely,
Erika Whittome
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).
Offensive? Unsuitable?
Requests for personal information and vexatious requests are not considered valid requests for Official Information (read more).
If you believe this request is not suitable, you can report it for attention by the site administrators
Report this requestAct on what you've learnt
Similar requests
ERA Chief's communications with the Government Legal Network in 2020
To Ministry of Business, Innovation & Employment by Erika Whittome