Breach of Medicines Act 1981
Virginia Crawford made this Official Information request to Ministry of Health
Response to this request is long overdue. By law Ministry of Health should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
From: Virginia Crawford
Dear Ministry of Health,
Section 23 (1) of the Medicines Act 1981 states that:
"Notwithstanding sections 20 to 22, the Minister may, by notice in the Gazette, in accordance with this section, give his provisional consent to the sale or supply or use of a new medicine where he is of the opinion that it is desirable that the medicine be sold, supplied, or used on a restricted basis for the treatment of a limited number of patients."
Section 20 (3) states that:
"No consent given under this section shall be deemed to warrant the safety or efficacy of the medicine to which the consent relates."
The Cominarty vaccine is being rolled out to far more than "a limited number of patients" and there appears to be no restriction in doing so.
The Ministry of Health and other members of the Government (including the Prime Minister) are constantly reassuring the public that the vaccine is "safe and effective".
It would appear that on both counts, the Ministry is in breach of the Medicines Act.
Could you please explain by what authority the Ministry is able to do this?
Yours faithfully,
Virginia Crawford
Ministry of Health
Kia ora
Thank you for your request for official information received on 3 May 2021
for information related to COVID-19.
The Ministry's reference number for your request is: H202103948
As required under the Official Information Act 1982, the Ministry will
endeavour to respond to your request no later than 4 May 2021, being 20
working days after the day your request was received.
If we are unable to respond to your request within this time frame, we
will notify you of an extension of that time frame.
If you have any queries related to this request, please do not hesitate to
get in touch.
Ngā mihi
OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [email address]
show quoted sections
Ministry of Health
Kia ora
Please find attached a letter regarding your request for information.
Ngā mihi
OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [email address]
show quoted sections
From: Virginia Crawford
Dear Ministry of Health,
No matter what you have published online, that does not change the fact that you have breached the Medicines Act. I will now take this matter to the Ombudsman, unless you can provide me with proper evidence that allows you to do this. You are NOT above the law.
Yours faithfully,
Virginia Crawford
Paul Jones left an annotation ()
The government changed the law to work around this after they lost the court case headed by Sue Grey. Naturally they made the medicines granted under section 23 provision retroactive.
See court decision here https://kti.org.nz/wp-content/uploads/20...
The amendment made to the Medicines Act as a response to the loss in court case. https://www.parliament.nz/en/pb/bills-an...
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Virginia Crawford left an annotation ()
Complaint made to Ombudsman 17/5/21
Link to this