Dear James

 

 

Re  Official Information Request – Advice to medical officers of health

 

I am writing to acknowledge your official information request dated 2
April 2020.

 

We will endeavour to respond to your request as soon as possible and, in
any event, no later than 5 May 2020. We will contact you if an extension
is required.

 

Please note that, like other DHBs across New Zealand, Auckland DHB has
adopted a model of proactive disclosure which sees OIA responses
publically available on our website approximately one month after they
have been released.  If you believe that there are any special reasons why
proactive disclosure should not apply to our response to you, we will be
happy to consider this.

 

Regards

 

 

 

 

Elaine Keenan

Team Administrator

Corporate Business Services

( (09) 630-9943  ext 22346 | * [email address]

Auckland District Health Board | Level 1 |  Building 37 | Auckland City
Hospital | Park Road | Auckland

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From: James Adams <[2][FOI #12567 email]>
Date: 2 April 2020 at 5:43:59 PM NZDT
To: Ailsa Claire (ADHB) <[3][email address]>
Subject: Official Information request - Advice to Medical Officers of
Health

 

Dear Auckland District Health Board,

I appreciate that you will likely be under substantial pressure at the
moment, and I am happy to discuss this OIA request by phone or email if
that would help to reduce your workload.

However, I wish to be sent any guidance received by your Medical Officers
of Health or their staff within the last month (ie. March 2020) on the
exercise of their powers under Part 3 of the Health Act and especially
sections 70 and 71.

Further, I wish to receive a copy of any administrative guidelines that
may influence the exercise of Medical Officer of Health powers under Parts
3 and 3A of the Act, such as what non-statutory factors ought to be
considered, or whether Medical Officers of Health are asked to consult the
Ministry of Health or Civil Defence before issuing a directive, order or
exercising their powers under sections 70 and 71.

For clarity, I am particularly interested in any guidance or checklists
used by Medical Officers of Health in the exercise of their powers in
accordance with the Bill of Rights Act 1990 or to avoid successful claims
for judicial review. I would be happy to receive guidance considered
'legal advice' insofar as this be released consistently with s 9(2)(h) of
the Official Information Act. I am not interested in the guidance given to
any particular Medical Officer of Health or in respect of any particular
instance where the use of these powers may have been considered.

Yours faithfully,

James Adams

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

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[4][FOI #12567 email]

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Dear James

 

Attached please find ADHB’s response to your OIA request dated 2 April
2020.

 

Regards

 

Elaine Keenan

Team Administrator

Corporate Business Services

( (09) 630-9943  ext 22346 | * [email address]

Auckland District Health Board | Level 1 |  Building 37 | Auckland City
Hospital | Park Road | Auckland

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References

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