[IN-CONFIDENCE - RELEASE EXTERNAL]
Erika Whittome
[FYI request #34541 email]
8 July 2026
Tēnā koe Erika
OIA: GEMS-47879 – COVID-19 vaccination mandates on tertiary workforce
Thank you for your email of 25 April 2026 to the Ministry of Education (the Ministry)
requesting the following information:
I refer to this advice dated 10 Dec 2021 for tertiary and international education
which is published here:
https://web.archive.org/web/20211227175633/https://www.education.govt
.nz/covid-19/advice-for-tertiary-providerswhare-wananga/covid-19-
protection-framework-advice-for-tertiary-education-
providers/red/#vaccination It says:
“Tertiary education providers that choose not to require My Vaccine Passes
onsite at Red must close to students and visitors”
1. Please would you share the meeting minutes correspondence, all
emails etc that took place to come up with this advice on your website.
2. Please include any correspondence meeting Minutes etc with the
Tertiary Commission about this advice.
3.
Please share which services at tertiary and international learning
facilities were assessed to be “regulated services”. CVCs applied to
regulated services in part 3 of COVID-19 Public Health Response
(Protection Framework) Order 2021 | New Zealand Legislation.
Your request has been considered under the Official Information Act 1982 (the Act).
Regarding
parts one and two of your request, per our responses to your previous
requests for similar information, much of the correspondence was not centrally stored
in a manner in which it could be readily retrieved. Any attempt to collate such
information would require a keyword search of the Ministry’s systems that would be
likely to generate a significant volume of ‘hits’ to search through to determine if they
were in scope.
Wellington – National Office, PO Box 1666, Wellington 6140
Phone: +64 4 463 8000
education.govt.nz
[IN-CONFIDENCE - RELEASE EXTERNAL]
[IN-CONFIDENCE - RELEASE EXTERNAL]
Decisions made regarding the introduction of a vaccine mandate involving education
were not made in isolation from other public health decisions during the pandemic.
The Ministry worked closely with the Ministry of Health throughout the COVID-19
pandemic, and evidence produced by the Ministry of Health heavily informed Ministry
decisions and papers throughout the period. Therefore, a high number of papers
could have influenced decision-making on this matter.
As a result, I am refusing these parts of your request under section 18(f) of the Act,
as the information requested cannot be made available without substantial collation
or research.
In coming to this decision, as required by sections 18A and 18B of the Act, I have
considered whether the Ministry would be able to meet your request by seeking
further refinement or fixing a charge. However, we have determined that none of
these mechanisms would be appropriate, and any possible refinement would be
unlikely to reduce the volume of material significantly.
However, to provide you with some of the information, the Ministry has identified ten
key emails and their associated attachments related to these parts of your request.
I am releasing nine of these emails and associated attachments in part as
Appendix
A, with some information withheld under section 9(2)(a) of the Act, to protect the
privacy of natural persons. Information that is out of scope of your request has also
been removed.
I am withholding one email in full and some information in another email under
section 9(2)(h) of the Act, to maintain legal professional privilege.
As required under section 9(1) of the Act, I have considered the public interest in
releasing the information withheld. I do not consider that the public interest
considerations favouring the release of this information are sufficient to outweigh the
need to withhold it at this time.
Regarding
part three of your request, under
the COVID-19 Public Health Response
(Protection Framework) Order 2021 (the Order), a ‘regulated business or service’
was a business or activity explicitly identified in the Order as presenting higher public
health risk due to factors such as indoor settings, close physical proximity, prolonged
contact, or large gatherings of people. These services were subject to specific
operating rules, including capacity limits and, at higher risk settings such as Red, the
option or requirement to operate using COVID-19 Vaccination Certificates (My
Vaccine Passes).
Tertiary education and international learning facilities commonly host a wide range of
activities alongside core teaching and learning. Under the Protection Framework,
core education delivery (such as lectures, tutorials, laboratories, libraries, and
academic supervision) was not classified as a regulated service. These activities
were addressed through education-specific provisions in the Order, rather than
through the regulated-service regime.
education.govt.nz
Page 2 of 5
OIA: GEMS-47879
[IN-CONFIDENCE - RELEASE EXTERNAL]
[IN-CONFIDENCE - RELEASE EXTERNAL]
However, many ancillary or public-facing services operated on tertiary campuses
were assessed to fall within regulated service categories. When these services were
provided on campus, they were regulated in the same way as equivalent services in
the wider community.
The following services, when operated at tertiary or international education facilities,
were treated as regulated businesses or services under the Order:
• Food and drink services, such as campus cafés, dining halls, and bars
operating as hospitality venues.
• Permitted events, including graduation ceremonies, large orientations,
conferences, performances, and other organised events meeting the legal
definition of an event.
• Close-contact businesses, for example hairdressing, barbering, beauty
therapy, massage, physiotherapy, or similar clinics run as part of teaching
programmes and open to clients.
• Gyms and indoor recreation facilities, including student or public fitness
centres.
• Gatherings that exceeded ordinary instructional use, such as club events,
association meetings, or social activities involving larger numbers of people.
Vaccine passes were used in other tertiary education settings not because those
settings were classified as “regulated services,” but because the COVID-19
Protection Framework allowed for and incentivised their use across a wider range of
settings.
Please note, we may publish this response on our website after five working days.
Your name and contact details will be removed.
Thank you again for your email. You have the right to ask an Ombudsman to review
my decision on your request, in accordance with section 28 of the Act. You can do
this by writing to [email address] or to Office of the Ombudsman,
PO Box 10152, Wellington 6143.
Nāku noa, nā
Katrina Sutich
General Manager, Tertiary Policy
Te Pou Kaupapahere | Policy
education.govt.nz
Page 3 of 5
OIA: GEMS-47879
[IN-CONFIDENCE - RELEASE EXTERNAL]
[IN-CONFIDENCE - RELEASE EXTERNAL]
Appendix A Document Table
#
Date
Title
Decision on release
1
28 Oct RE: MoE/TEC meeting with "critical
Released in part. Some
2021
friends group"
information withheld under
section 9(2)(a) of the Act.
1A CPF and tertiary - 28 Oct
Released in full.
2
2 Nov
2-pager
Released in part. Some
2021
information withheld under
section 9(2)(a) of the Act.
2A CPF and tertiary - 28 Oct
See Document 1A
3
4 Nov
RE: In confidence: discussion on
Released in part. Some
2021
potential options for progressing
information withheld under
vaccination requirements
section 9(2)(a) of the Act.
3A COVID-19 vaccination and workplaces
Released in full.
4
4 Nov
RE: Key messages for 5pm
Released in part. Some
2021
information withheld under
section 9(2)(a) of the Act.
5
8 Nov
Notes from Vaccine Mandate Meeting
Released in part. Some
2021
3 November
information withheld under
section 9(2)(a) of the Act.
5A Notes from Vaccine Mandate Meeting 4 Nov
Released in part. Some
2021
information withheld under
section 9(2)(a) of the Act.
6
10 Nov RE: Tertiary education vaccine
Withheld in full.
2021
mandate [CLO-Docs.EDU021.841]
Information withheld in full
under section 9(2)(h) of the
Act.
7
12 Nov DRAFT IN CONFIDENCE: Guidelines
Released in part. Some
2021
for comment
information withheld under
section 9(2)(a) of the Act.
7A DRAFT Tertiary guidance for CPF 12 Nov
Released in full.
8
16 Nov RE: Draft tertiary guidance
Released in part. Some
2021
information withheld under
section 9(2)(a) of the Act.
education.govt.nz
Page 4 of 5
OIA: GEMS-47879
[IN-CONFIDENCE - RELEASE EXTERNAL]
[IN-CONFIDENCE - RELEASE EXTERNAL]
#
Date
Title
Decision on release
8A DRAFT CPF guidance - How to operate for
Released in part. Some
schools and kura (tertiary input)
information withheld under
section 9(2)(a) of the Act.
9
19 Nov RE: Guidance for TEOs on what steps
Released in part. Some
2021
to take to check CVCs
information withheld under
sections 9(2)(a) and
9(2)(h) of the Act.
10 3 Dec
case management media + vaccination
Released in part. Some
2021
rates
information withheld under
section 9(2)(a) of the Act.
education.govt.nz
Page 5 of 5
OIA: GEMS-47879
[IN-CONFIDENCE - RELEASE EXTERNAL]
