All information pertaining to The Nuremburg Code held by The Ministry of Health Legal Department.
William James Bonne made this Official Information request to Ministry of Health
The request was refused by Ministry of Health.
From: William James Bonne
Dear Ministry of Health,
As I now am informed, that The Nuremburg Code has no legal standing in New Zealand , by you, The Ministry of Health, by way of a previous information request, I now request a copy of any and all correspondences you may hold that reference The Nuremberg Code. This to include information that determines any decisions made with regard to the adoption or otherwise of the said Code.
Yours faithfully,
William James Bonne
From: OIA Requests
Kia ora
Thank you for your request for official information received 1 May 2021
for:
“ As I now am informed, that The Nuremburg Code has no legal standing in
New Zealand , by you, The Ministry of Health, by way of a previous
information request, I now request a copy of any and all correspondences
you may hold that reference The Nuremberg Code. This to include
information that determines any decisions made with regard to the adoption
or otherwise of the said Code"
The Ministry's reference number for your request is: H202106028.
As required under the Official Information Act 1982 we will endeavour to
respond to your request no later than 15 June 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.
Ngâ mihi
OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [email address]
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From: OIA Requests
Tçnâ koe Mr Bonne
Thank you for request for information about the Nuremberg Code.
Specifically you requested:
As I now am informed, that The Nuremburg Code has no legal standing in New
Zealand , by you, The Ministry of Health, by way of a previous information
request, I now request a copy of any and all correspondences you may hold
that reference The Nuremberg Code. This to include information that
determines any decisions made with regard to the adoption or otherwise of
the said Code
In its current form, your request for “any and all correspondences” that
reference the Code would likely be refused under section 18(f) of the Act
on the grounds that it would require substantial collation or research.
Given the Code was issued in 1947 and you have given no time frame, the
Ministry would have to search through a large number of email accounts for
current and former employees to ascertain whether there are any references
to the Code as well as undertaking a substantive search through its
physical and electronic archives.
Under section 15A of the Act, the Ministry is therefore seeking to refine
your request by limiting it to substantive documents (reports, memos,
PowerPoint presentations etc, but excluding emails and text messages) for
the last five years (i.e., from 2016 onward).
We look forward to your response to the request outlined above.
Nga mihi
Antony Paltridge
Principal Advisor | OIA Services | Office of the Director-General |
Ministry of Health
------------------------------------------------------------------------
From: William James Bonne
<[1][FOI #15475 email]>
Sent: Monday, 17 May 2021 15:29
To: OIA Requests <[2][email address]>
Subject: Official Information request - All information pertaining to The
Nuremburg Code held by The Ministry of Health Legal Department.
Dear Ministry of Health,
As I now am informed, that The Nuremburg Code has no legal standing in New
Zealand , by you, The Ministry of Health, by way of a previous information
request, I now request a copy of any and all correspondences you may hold
that reference The Nuremberg Code. This to include information that
determines any decisions made with regard to the adoption or otherwise of
the said Code.
Yours faithfully,
William James Bonne
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From: OIA Requests
Good afternoon Mr Bonne
Please find attached a response to your OIA request.
Nga mihi
Antony Paltridge
Principal Advisor | OIA Services | Office of the Director-General |
Ministry of Health
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Statement of confidentiality: This e-mail message and any accompanying
attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege.
If you are not the intended recipient, do not read, use, disseminate,
distribute or copy this message or attachments.
If you have received this message in error, please notify the sender
immediately and delete this message.
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Amy left an annotation ()
It would be useful to refine the scope of what you truly seek as at the heart of the matter, though I read from the response that they refused because you did not refine the scope with them. Trying to be helpful, unless you really wanted to read every piece of information gathered on the Nuremberg code over the last 70+ years, you should refine the scope.
My reading of your correspondence is that you likely seek an answer on the question: Whether the Government considers that the Nuremberg Code has, at any time since the beginning of the COVID pandemic in 2020, had any application in New Zealand regarding COVID-19 vaccines, specifically the Pfizer vaccine? And if it does not have any domestic application, what is the applicable law in New Zealand relating to the intersection of bioethics with new medicines and informed consent?
I suspect from your original request that you would also be interested in asking whether any advice on any of these matters has been tendered to the Government by officials, and if so, to receive that advice.
There could be some 'technical barriers' put up to get a response, including that this is subject to legal privilege or that COVID-19 vaccines are not 'experimental'. To overcome the 'experimental' issue, that is why you might consider being specific about "at any time since the beginning of the pandemic" because as we know, the Government amended the Medicines Act in April 2021 following a High Court decision, so that the provisional use consent could apply at a general population-wide level (as the vaccine was being rolled-out population wide, but the judgement noted it was doubtful that was what the Act contemplated).
Hopefully that helps you get the information you seek.
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
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William James Bonne left an annotation ()
The first request only refused. 2nd request ongoing. First request refused because there was no legal standing in nz so the reply was "refused because none existed".
Link to this