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Pandemic Vaccine Procurement, India FTA Implications, and Advance Purchase Agreement Framework

Penny Claridge made this Official Information request to Pharmaceutical Management Agency

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From: Penny Claridge

Dear Pharmaceutical Management Agency,

Pursuant to the Official Information Act 1982, I request the following information:

All internal briefing papers, policy documents, legal opinions, or board papers prepared by Pharmac regarding the implications of the New Zealand-India Free Trade Agreement's pharmaceutical and medical devices provisions - specifically the GMP mutual recognition and regulatory acceptance provisions - for Pharmac's competitive procurement processes for vaccines, during the period 1 January 2024 to date.

All internal documents, briefing papers, or board papers that address the question of whether Indian pharmaceutical manufacturers - including specifically the Serum Institute of India - would be eligible to participate in future Pharmac vaccine procurement processes under the terms of the NZ-India FTA, and on what regulatory basis.

A summary of the legal and procedural framework under which Pharmac's normal competitive procurement processes can be suspended or bypassed in the event of a declared public health emergency, including:

a. The statutory basis for any such suspension.

b. The authority (Minister, Director-General, or other) required to activate emergency procurement.

c. Whether Pharmac has developed or updated any emergency procurement protocols since the conclusion of the COVID-19 pandemic response.

The complete terms of the current Principal Supply agreement with Pfizer for the Comirnaty COVID-19 vaccine (awarded August 31, 2025), including:

a. Contract value.

b. Volume commitments.

c. Indemnity provisions (if any).

d. Intellectual property terms.

e. Termination clauses.

Note: I acknowledge that Pharmac has previously withheld contract terms on commercial sensitivity grounds. I request that Pharmac reassess this position in light of the public interest in transparency regarding publicly-funded vaccine procurement, and that any decision to withhold be accompanied by a full explanation of how commercial sensitivity outweighs the public interest under section 9(1) of the Official Information Act 1982.

All correspondence between Pharmac and Helen Clark - in any capacity - regarding vaccine procurement, the NZ-India FTA, or pandemic preparedness, during the period 1 January 2024 to date.

If any information is withheld, I request that the grounds for withholding be specified with reference to the relevant section of the Official Information Act 1982.

I trust this request can be completed within 20 working days as required by the Act.

Yours faithfully,

Penny Claridge

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From: Web Enquiry
Pharmaceutical Management Agency

Thank you for contacting Pharmac. We have received your enquiry and will
respond as soon as possible.

Pharmac cannot provide medical advice. If you have questions about your
health or are experiencing side effects from medicines, please call:

·        Your usual healthcare provider.

·         Healthline on 0800 611 116.

·         111 for medical emergencies.  This e-mail message and any
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message in error, please notify the sender immediately and delete this
message.

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From: Web Enquiry
Pharmaceutical Management Agency

Kia ora Penny

Thank you for your request for official information, which Pharmac received on 29 may 2026. The reference number for your request is: 2025-26-243

You should receive a response from us on or before 29 June 2026. This is within the 20 working day limit set out in the Official Information Act.

The response date shown takes into account:
King's Birthday (1 June 2026)

Please contact us if you have any questions.

Ngā mihi,

Government Services | Pharmac
___________________________________________________________________
Pharmac - Te Pātaka Whaioranga | Level 9, 40 Mercer Street, Wellington
http://www.pharmac.govt.nz/
________________

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