Complete Attorney General advice on justified BoRA Limitations prior to 12 March 2021

Erika Whittome made this Official Information request to Judith Collins

Currently waiting for a response from Judith Collins, they must respond promptly and normally no later than (details and exceptions).

From: Erika Whittome

Dear Judith Collins,
On 12 March 2021, the Attorney General gave a speech and he referenced the New Zealand Bill of Rights Act 1990 at a Government Legal Network of Lawyers Conference:

"GLN Lawyers in Government Conference (Whiria Te Tangata: Weave the People Together) , Attorney-General's speech notes 12 March 2021"
from
https://fyi.org.nz/request/32630/respons...

On page 76:
"Human rights implications of vaccinations
-------------------------------------------------------

The Bill of Rights protects the right to refuse to undergo
medical treatment —section 11 of the Act. The leading case is
New Health New Zealand Inc v South Taranaki District Council,
in which the Supreme Court in 2018 took an expansive view of
what that right protected. The right to refuse to accept a
vaccination for the benefit of the recipient is clear.
...
[Page 77]
Even when a right exists it can be limited by the government,
but only if the limit is justified. That rule lies in section 5 of the
Act: the Act’s protected rights and freedoms may be subject
only to such reasonable limits prescribed by law as can be
demonstrably justified in a free and democratic society.
We have already seen, and accepted as justified in the context
of an emergency response to the pandemic, limits on a number
of different protected rights."

I am requesting all the information (emails, correspondence, policy documents, meeting minutes etc) dated up to 12 March 2021 on the complete analysis of the demonstrably justified limitations on the Bill of Rights 1990 in regards to vaccination and the right to refuse medical treatment.

Yours faithfully,

Erika Whittome

Link to this

From: Judith Collins (MIN)
Judith Collins

Thank you for contacting Hon Judith Collins KC MP, Attorney-General,
Minister of Defence, Minister for Digitising Government, Minister
Responsible for the GCSB, Minister Responsible for the NZSIS, Minister for
the Public Service and Minister for Space.
 
Hon Judith Collins considers all correspondence important and appreciates
you taking the time to write. As the Minister receives a large amount of
correspondence, it is not always possible to personally reply to all
emails.
 
If your correspondence is related to a constituent matter, please get in
touch with the Minister's electorate team by emailing
[email address] or by calling the Papakura
office on (09) 299 7426.
 
If your correspondence is diary related, requests will be processed
accordingly, and we will be back in contact with you. If your
correspondence requires a response, you can expect a response in due
course. If your correspondence relates to another Minister's portfolio,
your correspondence will be transferred to the appropriate minister.
 
If your correspondence expresses an opinion, it will be noted. If you have
made a request pursuant to the Official Information Act 1982, this will be
managed in accordance with the Act which may include transfer to another
minister or to an agency.
 
If your correspondence relates to media, it will be referred to the media
team. Latest information from the Beehive can be found here:
[1]https://www.beehive.govt.nz
 
Thank you for taking the time to write.
 
Kind regards
Office of the Hon Judith Collins KC MP

References

Visible links
1. https://www.beehive.govt.nz/

Link to this

From: Judith Collins (MIN)
Judith Collins


Attachment image001.jpg
9K Download


Dear Erika

 

On behalf of Hon Judith Collins KC, thank you for your email of 17 March
2026.

 

Your request has been transferred to the Crown Law Office. The information
you have requested is more closely connected with the functions of that
agency. I am therefore required under section 14 of the Official
Information Act to transfer your request.

 

You will hear further from Crown Law concerning your request, they can be
contacted at [1][email address].

 

Warm regards,

Office of Hon Judith Collins KC

 

 

 

 

Anna Bebbington

Private Secretary (Administration) | Office of Hon Judith Collins KC MP

 

Member of Parliament for Papakura

Attorney-General | Minister of Defence | Minister for Digitising
Government | Minister for the Public Service  Minister Responsible for
the GCSB | Minister Responsible for the NZSIS | Minister for Space

 
 

DDI: 04 817 6808

Email: [2][email address]   Website:
[3]www.Beehive.govt.nz

Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand

 

 

 

Authorised by Hon Judith Collins KC, Parliament Buildings, Wellington

Disclaimer: The information in this email (including attachments) is
confidential and may be legally privileged. If an addressing or
transmission error has misdirected this email, please notify the author by
replying to this email and destroy the message. If you are not the
intended recipient, any use, disclosure, copying or distribution is
prohibited and may be unlawful.

Please note information about meetings related to the Ministers’
portfolios will be proactively released (this does not include personal or
constituency matters). For each meeting in scope, the summary would list:
date, time (start and finish), brief description, location, who the
meeting was with, and the portfolio. If you attend a meeting with the
Minister on behalf of an organisation, the name of the organisation will
be released. If you are a senior staff member at an organisation, or meet
with the Minister in your personal capacity, your name may also be
released. The location of the meeting will be released, unless it is a
private residence. The proactive release will be consistent with the
provisions in the Official Information Act, including privacy
considerations. Under the Privacy Act 1993 you have the right to ask for a
copy of any personal information we hold about you, and to ask for it to
be corrected if you think it is wrong. If you’d like to ask for a copy of
your information, or to have it corrected, or are concerned about the
release of your information in the meeting disclosure, please contact the
sender. You can read more about the proactive release policy at
[4]https://www.dia.govt.nz/Proactive-Releas...

 

 

-----Original Message-----

From: Erika Whittome <[5][FOI #34109 email]>

Sent: Tuesday, 17 March 2026 7:05 AM

To: Judith Collins (MIN) <[6][email address]>

Subject: Official Information request - Complete Attorney General advice
on justified BoRA Limitations prior to 12 March 2021

 

Dear Judith Collins,

On 12 March 2021, the Attorney General gave a speech and he referenced the
New Zealand Bill of Rights Act 1990 at a Government Legal Network of
Lawyers Conference:

 

"GLN Lawyers in Government Conference (Whiria Te Tangata: Weave the People
Together) , Attorney-General's speech notes 12 March 2021"

from

[7]https://urldefense.com/v3/__https://fyi....

 

On page 76:

"Human rights implications of vaccinations

-------------------------------------------------------

 

The Bill of Rights protects the right to refuse to undergo medical
treatment —section 11 of the Act. The leading case is New Health New
Zealand Inc v South Taranaki District Council, in which the Supreme Court
in 2018 took an expansive view of what that right protected. The right to
refuse to accept a vaccination for the benefit of the recipient is clear.

...

[Page 77]

Even when a right exists it can be limited by the government, but only if
the limit is justified. That rule lies in section 5 of the

Act: the Act’s protected rights and freedoms may be subject only to such
reasonable limits prescribed by law as can be demonstrably justified in a
free and democratic society. 

We have already seen, and accepted as justified in the context of an
emergency response to the pandemic, limits on a number of different
protected rights."

 

I am requesting all the information (emails, correspondence, policy
documents, meeting minutes etc) dated up to 12 March 2021 on the complete
analysis of the demonstrably justified limitations on the Bill of Rights
1990 in regards to vaccination and the right to refuse medical treatment.

 

Yours faithfully,

 

Erika Whittome

 

-------------------------------------------------------------------

 

This is an Official Information request made via the FYI website.

 

Please use this email address for all replies to this request:

[8][FOI #34109 email]

 

Is [9][Judith Collins request email] the wrong address for Official
Information requests to Judith Collins? If so, please contact us using
this form:

[10]https://urldefense.com/v3/__https://fyi....

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[11]https://urldefense.com/v3/__https://fyi....

 

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.

 

 

-------------------------------------------------------------------

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. http://www.beehive.govt.nz/
4. https://www.dia.govt.nz/Proactive-Releas...
5. mailto:[FOI #34109 email]
6. mailto:[email address]
7. https://urldefense.com/v3/__https:/fyi.o...
8. mailto:[FOI #34109 email]
9. mailto:[Judith Collins request email]
10. https://urldefense.com/v3/__https:/fyi.o...
11. https://urldefense.com/v3/__https:/fyi.o...

hide quoted sections

Link to this

From: Ministerial Services


Attachment image002.jpg
21K Download

Attachment image003.jpg
9K Download


Kia ora Erika

 

As you will be aware, the Office of the Attorney-General transferred your
Official Information Act request of 17 March 2026 to Crown Law for
response on 26 March 2026.

 

We acknowledge transfer of your request for information under the Official
Information Act 1982.

 

In accordance with section 15 of the Official Information Act, a response
to your request will be provided as soon as is reasonably practicable, and
in any case within 20 working days of receipt of the transfer of your
request, i.e. by 28 April 2026.

 

Ngā mihi nui | Kind regards

 

Te Tari Ture o te Karauna Crown Law Office

19 Aitken Street | PO Box 2858 | Wellington 6011

 

[1]A picture containing text Description automatically generated

 

 

From: Judith Collins (MIN) <[email address]>
Sent: Thursday, 26 March 2026 8:38 am
To: [FOI #34109 email]
Subject: RE: Official Information request - Complete Attorney General
advice on justified BoRA Limitations prior to 12 March 2021

 

Dear Erika

 

On behalf of Hon Judith Collins KC, thank you for your email of 17 March
2026.

 

Your request has been transferred to the Crown Law Office. The information
you have requested is more closely connected with the functions of that
agency. I am therefore required under section 14 of the Official
Information Act to transfer your request.

 

You will hear further from Crown Law concerning your request, they can be
contacted at [2][email address].

 

Warm regards,

Office of Hon Judith Collins KC

 

 

 

 

Anna Bebbington

Private Secretary (Administration) | Office of Hon Judith Collins KC MP

 

Member of Parliament for Papakura

Attorney-General | Minister of Defence | Minister for Digitising
Government | Minister for the Public Service  Minister Responsible for
the GCSB | Minister Responsible for the NZSIS | Minister for Space

 
 

DDI: 04 817 6808

Email: [3][email address]   Website:
[4]www.Beehive.govt.nz

Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand

 

 

 

Authorised by Hon Judith Collins KC, Parliament Buildings, Wellington

Disclaimer: The information in this email (including attachments) is
confidential and may be legally privileged. If an addressing or
transmission error has misdirected this email, please notify the author by
replying to this email and destroy the message. If you are not the
intended recipient, any use, disclosure, copying or distribution is
prohibited and may be unlawful.

Please note information about meetings related to the Ministers’
portfolios will be proactively released (this does not include personal or
constituency matters). For each meeting in scope, the summary would list:
date, time (start and finish), brief description, location, who the
meeting was with, and the portfolio. If you attend a meeting with the
Minister on behalf of an organisation, the name of the organisation will
be released. If you are a senior staff member at an organisation, or meet
with the Minister in your personal capacity, your name may also be
released. The location of the meeting will be released, unless it is a
private residence. The proactive release will be consistent with the
provisions in the Official Information Act, including privacy
considerations. Under the Privacy Act 1993 you have the right to ask for a
copy of any personal information we hold about you, and to ask for it to
be corrected if you think it is wrong. If you’d like to ask for a copy of
your information, or to have it corrected, or are concerned about the
release of your information in the meeting disclosure, please contact the
sender. You can read more about the proactive release policy at
[5]https://www.dia.govt.nz/Proactive-Releas...

 

 

-----Original Message-----

From: Erika Whittome <[6][FOI #34109 email]>

Sent: Tuesday, 17 March 2026 7:05 AM

To: Judith Collins (MIN) <[7][email address]>

Subject: Official Information request - Complete Attorney General advice
on justified BoRA Limitations prior to 12 March 2021

 

Dear Judith Collins,

On 12 March 2021, the Attorney General gave a speech and he referenced the
New Zealand Bill of Rights Act 1990 at a Government Legal Network of
Lawyers Conference:

 

"GLN Lawyers in Government Conference (Whiria Te Tangata: Weave the People
Together) , Attorney-General's speech notes 12 March 2021"

from

[8]https://urldefense.com/v3/__https://fyi....

 

On page 76:

"Human rights implications of vaccinations

-------------------------------------------------------

 

The Bill of Rights protects the right to refuse to undergo medical
treatment —section 11 of the Act. The leading case is New Health New
Zealand Inc v South Taranaki District Council, in which the Supreme Court
in 2018 took an expansive view of what that right protected. The right to
refuse to accept a vaccination for the benefit of the recipient is clear.

...

[Page 77]

Even when a right exists it can be limited by the government, but only if
the limit is justified. That rule lies in section 5 of the

Act: the Act’s protected rights and freedoms may be subject only to such
reasonable limits prescribed by law as can be demonstrably justified in a
free and democratic society. 

We have already seen, and accepted as justified in the context of an
emergency response to the pandemic, limits on a number of different
protected rights."

 

I am requesting all the information (emails, correspondence, policy
documents, meeting minutes etc) dated up to 12 March 2021 on the complete
analysis of the demonstrably justified limitations on the Bill of Rights
1990 in regards to vaccination and the right to refuse medical treatment.

 

Yours faithfully,

 

Erika Whittome

 

-------------------------------------------------------------------

 

This is an Official Information request made via the FYI website.

 

Please use this email address for all replies to this request:

[9][FOI #34109 email]

 

Is [10][Judith Collins request email] the wrong address for Official
Information requests to Judith Collins? If so, please contact us using
this form:

[11]https://urldefense.com/v3/__https://fyi....

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[12]https://urldefense.com/v3/__https://fyi....

 

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.

 

 

-------------------------------------------------------------------

Confidentiality Notice: This email may contain information that is
confidential or legally privileged. If you have received it by mistake,
please:
(a) reply promptly to that effect, and remove this email and the reply
from your system; (b) do not act on this email in any other way. Thank
you.

References

Visible links
2. mailto:[email address]
3. mailto:[email address]
4. http://www.beehive.govt.nz/
5. https://www.dia.govt.nz/Proactive-Releas...
6. mailto:[FOI #34109 email]
7. mailto:[email address]
8. https://urldefense.com/v3/__https:/fyi.o...
9. mailto:[FOI #34109 email]
10. mailto:[Judith Collins request email]
11. https://urldefense.com/v3/__https:/fyi.o...
12. https://urldefense.com/v3/__https:/fyi.o...

hide quoted sections

Link to this

From: OIA


Attachment image001.jpg
21K Download

Attachment image002.jpg
9K Download

Attachment OIA 2526166 Response to Erika Whittome 2 April 2026 10149903.3.pdf
287K Download View as HTML


Kia ora Erika

 

Please see attached for the response to your Official Information Act
request transferred to Crown Law on the 26 March 2026.

 

Kind regards | Ngā mihi nui

 

Te Tari Ture o te Karauna Crown Law Office

19 Aitken Street | PO Box 2858 | Wellington 6011

 

[1]A picture containing text Description automatically generated

 

From: Ministerial Services
Sent: Friday, 27 March 2026 11:22 am
To: [FOI #34109 email]
Subject: RE: Official Information request - Complete Attorney General
advice on justified BoRA Limitations prior to 12 March 2021 (OIA-2526166)

 

Kia ora Erika

 

As you will be aware, the Office of the Attorney-General transferred your
Official Information Act request of 17 March 2026 to Crown Law for
response on 26 March 2026.

 

We acknowledge transfer of your request for information under the Official
Information Act 1982.

 

In accordance with section 15 of the Official Information Act, a response
to your request will be provided as soon as is reasonably practicable, and
in any case within 20 working days of receipt of the transfer of your
request, i.e. by 28 April 2026.

 

Ngā mihi nui | Kind regards

 

Te Tari Ture o te Karauna Crown Law Office

19 Aitken Street | PO Box 2858 | Wellington 6011

 

[2]A picture containing text Description automatically generated

 

 

From: Judith Collins (MIN) <[3][email address]>
Sent: Thursday, 26 March 2026 8:38 am
To: [4][FOI #34109 email]
Subject: RE: Official Information request - Complete Attorney General
advice on justified BoRA Limitations prior to 12 March 2021

 

Dear Erika

 

On behalf of Hon Judith Collins KC, thank you for your email of 17 March
2026.

 

Your request has been transferred to the Crown Law Office. The information
you have requested is more closely connected with the functions of that
agency. I am therefore required under section 14 of the Official
Information Act to transfer your request.

 

You will hear further from Crown Law concerning your request, they can be
contacted at [5][email address].

 

Warm regards,

Office of Hon Judith Collins KC

 

 

 

 

Anna Bebbington

Private Secretary (Administration) | Office of Hon Judith Collins KC MP

 

Member of Parliament for Papakura

Attorney-General | Minister of Defence | Minister for Digitising
Government | Minister for the Public Service  Minister Responsible for
the GCSB | Minister Responsible for the NZSIS | Minister for Space

 
 

DDI: 04 817 6808

Email: [6][email address]   Website:
[7]www.Beehive.govt.nz

Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand

 

 

 

Authorised by Hon Judith Collins KC, Parliament Buildings, Wellington

Disclaimer: The information in this email (including attachments) is
confidential and may be legally privileged. If an addressing or
transmission error has misdirected this email, please notify the author by
replying to this email and destroy the message. If you are not the
intended recipient, any use, disclosure, copying or distribution is
prohibited and may be unlawful.

Please note information about meetings related to the Ministers’
portfolios will be proactively released (this does not include personal or
constituency matters). For each meeting in scope, the summary would list:
date, time (start and finish), brief description, location, who the
meeting was with, and the portfolio. If you attend a meeting with the
Minister on behalf of an organisation, the name of the organisation will
be released. If you are a senior staff member at an organisation, or meet
with the Minister in your personal capacity, your name may also be
released. The location of the meeting will be released, unless it is a
private residence. The proactive release will be consistent with the
provisions in the Official Information Act, including privacy
considerations. Under the Privacy Act 1993 you have the right to ask for a
copy of any personal information we hold about you, and to ask for it to
be corrected if you think it is wrong. If you’d like to ask for a copy of
your information, or to have it corrected, or are concerned about the
release of your information in the meeting disclosure, please contact the
sender. You can read more about the proactive release policy at
[8]https://www.dia.govt.nz/Proactive-Releas...

 

 

-----Original Message-----

From: Erika Whittome <[9][FOI #34109 email]>

Sent: Tuesday, 17 March 2026 7:05 AM

To: Judith Collins (MIN) <[10][email address]>

Subject: Official Information request - Complete Attorney General advice
on justified BoRA Limitations prior to 12 March 2021

 

Dear Judith Collins,

On 12 March 2021, the Attorney General gave a speech and he referenced the
New Zealand Bill of Rights Act 1990 at a Government Legal Network of
Lawyers Conference:

 

"GLN Lawyers in Government Conference (Whiria Te Tangata: Weave the People
Together) , Attorney-General's speech notes 12 March 2021"

from

[11]https://urldefense.com/v3/__https://fyi....

 

On page 76:

"Human rights implications of vaccinations

-------------------------------------------------------

 

The Bill of Rights protects the right to refuse to undergo medical
treatment —section 11 of the Act. The leading case is New Health New
Zealand Inc v South Taranaki District Council, in which the Supreme Court
in 2018 took an expansive view of what that right protected. The right to
refuse to accept a vaccination for the benefit of the recipient is clear.

...

[Page 77]

Even when a right exists it can be limited by the government, but only if
the limit is justified. That rule lies in section 5 of the

Act: the Act’s protected rights and freedoms may be subject only to such
reasonable limits prescribed by law as can be demonstrably justified in a
free and democratic society. 

We have already seen, and accepted as justified in the context of an
emergency response to the pandemic, limits on a number of different
protected rights."

 

I am requesting all the information (emails, correspondence, policy
documents, meeting minutes etc) dated up to 12 March 2021 on the complete
analysis of the demonstrably justified limitations on the Bill of Rights
1990 in regards to vaccination and the right to refuse medical treatment.

 

Yours faithfully,

 

Erika Whittome

 

-------------------------------------------------------------------

 

This is an Official Information request made via the FYI website.

 

Please use this email address for all replies to this request:

[12][FOI #34109 email]

 

Is [13][Judith Collins request email] the wrong address for Official
Information requests to Judith Collins? If so, please contact us using
this form:

[14]https://urldefense.com/v3/__https://fyi....

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[15]https://urldefense.com/v3/__https://fyi....

 

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.

 

 

-------------------------------------------------------------------

Confidentiality Notice: This email may contain information that is
confidential or legally privileged. If you have received it by mistake,
please:
(a) reply promptly to that effect, and remove this email and the reply
from your system; (b) do not act on this email in any other way. Thank
you.

References

Visible links
3. mailto:[email address]
4. mailto:[FOI #34109 email]
5. mailto:[email address]
6. mailto:[email address]
7. http://www.beehive.govt.nz/
8. https://www.dia.govt.nz/Proactive-Releas...
9. mailto:[FOI #34109 email]
10. mailto:[email address]
11. https://urldefense.com/v3/__https:/fyi.o...
12. mailto:[FOI #34109 email]
13. mailto:[Judith Collins request email]
14. https://urldefense.com/v3/__https:/fyi.o...
15. https://urldefense.com/v3/__https:/fyi.o...

hide quoted sections

Link to this

Things to do with this request

Anyone:
Judith Collins only: