Ref: 211723
Tuesday, 9 November 2021
John Luke
By email to John Luke
Tēnā koe John Luke
Response to your request for Official Information
On 22 October 2021, you requested from the Human Rights Commission (“the
Commission”) the following information:
1. Has HRC participate in the new system’s consultation? What’s HRC’s advice to the
government. Please provide full copy of your advice to the government regards to
exemption certificate for vaccination,
2. I saw your website mentioned about exemption under the religious grounds, how can
people apply such exemptions? Are there any other grounds allows under the human right
act to apply exemptions, so the new traffic light system not going to discriminate people’s
freedom?
In response to your questions:
1. The Commission has not given advice to the government on the issue of
exemptions from mandatory vaccinations.
2. In general, this request falls outside the Official Information Act in that the
information is not specific with due particularity. The Act does not require the
Commission to create an opinion, or to provide information which either does
not exist or is publicly available.
The Commission’s website refers to religious grounds in relation to (1) issue
of face coverings and (2) being refused access or services because of being
unvaccinated:
Do I have to wear a face covering if I object for other reasons, for example my personal
beliefs?
People who object to face coverings due to their personal beliefs cannot get face covering
exemptions. Exemptions are only provided to people who cannot wear face coverings for
health reasons.
The Human Rights Act makes it unlawful to discriminate against people because of their
political opinion or religious belief (or any other protected ground in the Act).
Level 8, 44 The Terrace, Wellington
PO Box 10424, Te Whanganui a Tara Wellington, Aotearoa New Zealand
Waea Telephone +64 4 473-9981 Waea Whakaahua Facsimile +64 9 377-3593
Infoline Toll free 0800 496 877 / TTY
[Human Rights Commission request email] www.hrc.co.nz
The Human Rights Act does not define 'political opinion’. However, New Zealand courts have
interpreted it to primarily apply to party political matters. As such the definition is unlikely to
extend to someone’s personal preferences or views on face coverings.
Someone who holds a religious belief that prevents them from wearing a face covering
may be able to object on religious grounds. Generally, someone making a claim on
religious grounds would need to show their belief is sincere and connected to an established
religion, rather than a personally held belief.
If you think you have faced unlawful discrimination, you can make a complaint to the Human
Rights Commission. The Commission can check whether the specific circumstances of a
complaint fall under the Human Rights Act, and in some cases, offer a dispute resolution
process for complaints.
Can I be refused access or services because I am unvaccinated due to my personal
beliefs?
The Human Rights Act makes it unlawful to discriminate against someone because of their
political opinion or religious belief (or any other protected ground in the Act).
The Human Rights Act does not define 'political opinion’. However, New Zealand courts have
interpreted it to primarily apply to party political matters. As such the definition is unlikely to
extend to someone’s personal preferences or views on vaccinations.
Someone who holds a religious belief that prevents them from being vaccinated may be
able to object on religious grounds. Generally, someone making a claim on religious
grounds would need to show their belief is sincere and connected to an established religion,
rather than a personally held belief.
If you think you have faced unlawful discrimination, you can make a complaint to the Human
Rights Commission. The Commission can check whether the specific circumstances of a
complaint fall under the Human Rights Act, and in some cases, offer a dispute resolution
process for complaints.
The Ministry of Health website contains information about how to request an
exemption card for people who are unable to wear a face covering:
https://www.health.govt.nz/our-work/diseases-and-conditions/covid-19-novel-
coronavirus/covid-19-health-advice-public/covid-19-use-masks-and-face-
coverings-community/covid-19-advice-people-who-are-unable-wear-face-
covering The Ministry’s website also has information about exemptions from mandatory
vaccination
: https://www.health.govt.nz/our-work/diseases-and-
conditions/covid-19-novel-coronavirus/covid-19-response-planning/covid-19-
mandatory-vaccinations/covid-19-exemptions-and-exceptions-mandatory-
vaccination#exemptions If you have faced discrimination, you can send an enquiry or complaint
through our online complaint form:
https://www.hrc.co.nz/complaint-form/ Alternatively, you may contact our Infoline team:
Freephone: 0800 496 877
Email:
[Human Rights Commission request email]
Text: 021 0236 4253
Postal address: PO Box 6751, Victoria Street West Auckland 1142
As the information requested is either publicly available and providing it further would
require substantial collation or does not exist, we are declining to provide further
information under ss 18(e) and 18(f) of the Act.
The Commission has collection of resources which are publicly available on our
website. In particular, you may be interested in information about human rights in
relation to Covid-19, which can be found here:
https://www.hrc.co.nz/resources/human-rights-relation-covid-19/
Alternative avenues
If you are unhappy with this response, under the Official Information Act you are entitled to
complain to the Ombudsman’s Office. Information about how to make a complaint is
available at www.ombudsman.parliament.nz or on freephone 0800 802 602.
If you have any further queries about this response, please feel free to contact me directly.
Nāku noa, nā
Nicky Wynne
Senior Legal Adviser
