30 June 2026
Ref: DOIA-REQ-0034124-Nigel Gray
Nigel Gray
Email:
[FYI request #34823 email]
Tēnā koe Nigel
On 4 June 2026 the Ministry of Business, Innovation and Employment (MBIE) received partial transfer of
your request from Health New Zealand, under the Official Information Act 1982 (the Act), namely, for the
following information:
I am requesting the folowing information held by the Ministry of Health relating to the Government’s
COVID-
19 border restrictions and their impact on the right of New Zealand citizens to enter New Zealand.
2. NZ Bil of Rights Act 1990 – s18(2) and s5 analysis
Al documents that assess, discuss, or reference the New Zealand Bil of Rights Act 1990, specifical y:
s18(2) — the right of every New Zealand citizen to enter New Zealand
s5 — justified limitations on rights
This includes all proportionality assessments, rights-
impact assessments, legal-
medical interface
documents, and any analysis of whether restricting citizen entry was prescribed by law, demonstrably
justified, proportionate, the least rights-
restrictive means available
3. Consideration of less-
restrictive alternatives
All documents that consider, evaluate, or model less-
restrictive alternatives to limiting citizen entry,
including home isolation, rapid testing, risk-
stratified entry, medically-
supervised entry, alternative
quarantine models.
4. MIQ availability and functional denial of entry
All documents that record, analyse, or discuss whether MIQ availability constraints constituted a
functional denial of entry for New Zealand citizens who were unable to secure a voucher.
5. Consideration of the diplomatic request printed in the NZ passport (forced yes/no)
Please provide all documents, legal advice, internal correspondence, or policy papers that show whether
the Ministry of Health considered, analysed, or discussed the legal meaning or implications of the
diplomatic request printed inside the New Zealand passport:
“…to allow the bearer to pass freely without let or hindrance, and to afford the bearer such assistance
and protection as may be necessary.”
This includes any assessment of whether COVID-
19 border restrictions, MIQ availability limits, or
flight-
boarding restrictions were consistent with or contrary to that statement.
If no such documents exist, please confirm this explicitly.
As noted in our email to you of 22 June 2026, the information you have requested is broad in scope,
encompassing every document produced by multiple work programmes over years. MBIE is therefore
refusing your request under section 18(f) of the Act, as the information requested cannot be made
available without substantial collation or research.
I recommend you review the publicly available material at the links supplied to you in the email on
22 June 2026 and submit further questions on specific areas you want more information on.
If you wish to discuss any aspect of your request or this response, or if you require any further assistance,
please contact
[email address].
You have the right to seek an investigation and review by the Ombudsman of this decision. Information
about how to make a complaint is available a
t www.ombudsman.parliament.nz or freephone 0800 802
602.
Nāku noa, nā
Kylie Marriner
Manager, Ministerial Services
Labour, Science and Enterprise, MBIE