MANATIJ HAUORA
133 Molesworth Street
PO Box 5013
Wellington 6140
New Zealand
T +64 4 496 2000
11 October 2021
Daisy Williams
By email: [FYI request #16728 email]
Ref:
H202112218
Tena koe Daisy
Response to your request for official information
Thank you for your request under the Official Information Act 1982 (the Act) to the Ministry of
Health (the Ministry) on 13 September 2021 for:
"Your DG, Dr Ashley Bloomfield (bless his heart) has been present (I am assuming) in
making decisions for the levels of the country. As of Monday last week (as you know) the
levels were changed. However the Ministry of Health have not let staff back into your main
offices. Why not? I request all correspondence between MOH and Ministers from Tuesday
31 August 2021- Monday 13 September 2021 regarding discussions and decisions made
around staff not accessing the building."
Your request covers two dates where different alert levels were operating across New Zealand
at that time of the COVID-19 Delta outbreak. To clarify:
• Monday 6 September ("as of Monday last week") when cabinet made the decision on
advice from the Director-General of Health (Dr Ashley Bloomfield) that Auckland was set
to continue at Alert Level 4 until 11 :59pm on Tuesday 14 September but all regions north
and south of Auckland boundaries would move to Alert Level 2 at 11 :59pm on Tuesday
7 September.
• Monday 13 September (the date of your request) when Cabinet made the decision on
advice from the Dr Bloomfield that Auckland would remain at Alert Level 4 until 11 :59
Tuesday 21 September 2021 and the rest of New Zealand remain at Alert Level 2.
Therefore, the questions you have asked about the Ministry's workforce having access to our
offices relates directly to the location and restrictions at each alert level on those dates. Public
service agencies are guided by Te Kawa Maataho, Public Service Commission who provided
advice to agencies about operating at specific alert levels as set out in this link:
www.publicservice.govt.nz/resources/covid-19-workforce-guidelines/?e6203=6208-alert-level-2.
The Ministry has had essential workers in several of its offices since the start of the Delta
outbreak - strictly observing COVID-19 restrictions around social distancing, face coverings in
the office, travel and COVI D-19 hygiene practices. Our non-essential workers, those not
undertaking critical functions, but delivering usual work programmes have continued to work
remotely across Alert Level 4 and 3.
At Alert Level 2, the Ministry's workforce has been encouraged to make a gradual return to its
offices and it continues to have essential workers operating in Auckland at Alert Level 3. The
reason for the staggered return is to ensure it manages the health, safety and wellbeing of its
staff and meets the requirements of the relevant Health Orders.
The responsibility for the public service workforce sits with their employer, which is the chief
executive of each agency, which in the case of the Ministry is the Director-General of Health. In
employment matters, chief executives are required by section 54 of the Public Service Act 2020
to act independently of Ministers. It is not the jurisdiction of the Government or Minister to
manage or make decisions about the workforce as they are not the employer. Therefore, there
is no information held between the Ministry and Ministers about when Ministry employees would
occupy or return to the office in this outbreak. Your request is therefore refused under section
18(g)(i) of the Act on the grounds that the information requested is not held by the Ministry and
there are no grounds for believing it is held by another agency subject to the Act.
I trust this information fulfils your request. Under section 28(3) of the Act, you have the right to
ask the Ombudsman to review any decisions made under this request. The Ombudsman may
be contacted by email at: [email address] or by calling 0800 802 602.
Please note that this response, with your personal details removed, may be published on the
Ministry website at: www.health.govt.nz/about-ministry/information-releases/responses-official
i nformation-act-req uests.
Naku noa, na
-'Jo/
Celia Wellington
Deputy Director-General
Corporate Services
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