ASE
[FYI request #18085 email]
Dear ASE
Ref: 2122-1350
15 February 2022
I refer to your request of 3 January 2021 for the following information under the
Official Information Act 1982 (the OIA):
“What role did The Ministry of Business, Innovation & Employment have in
negotiating supply contracts for COVID-19 “vaccines”, inoculations, or any other
preventative treatments (hereinafter referred to as “treatments”)?
Regarding the negotiation of supply contracts and related matters for such
treatments; what other persons, boards, councils, committees, subcommittees,
organisations, groups, bodies, agencies, ministries, or individuals exerted
influence in any capacity?
Regarding the negotiation of supply contracts and related matters for such
treatments; are there contractual conditions which could expose any party or
parties within New Zealand to liability for damages? If so, what are those
conditions?
Regarding the negotiation of supply contracts and related matters for such
treatments; are there contractual conditions which influence messaging about
safety and efficacy of such treatments? If so, what are those conditions?
Are there any contractual obligations which limit or otherwise exert influence
over the reporting or public release of data relating to the administration,
safety, and/or efficacy, of such treatments?
Has The Ministry of Business, Innovation & Employment contracted, or
facilitated, or have any information relating to; any payments to, or on behalf
of, any person or persons, as a result of actual or possible injury, resulting from
administration of such treatments?
Has The Ministry of Business, Innovation & Employment contracted, or
facilitated, or have any information relating to; any non-disclosure agreements,
confidentiality agreements, or similar instruments in relation to any person or
persons, as a result of actual or possible injury, resulting from administration of
such treatments?”
The Ministry of Business, Innovation and Employment oversaw the acquisition of
vaccines and led government negotiations with vaccine suppliers on supply contracts
up until the end of December 2020. It did not undertake any role on behalf of the
government on the acquisition of COVID-19 treatments other than vaccines.
Acquisition of vaccines was led by an interagency task force comprising senior
representatives of the Ministry of Health, MBIE, the Ministry of Foreign Affairs and
Trade, PHARMAC, Medsafe, the Department of Prime Minister and Cabinet, the
Treasury, the government-funded vaccine research programme Vaccine Alliance
Aotearoa New Zealand (VAANZ), and the chair of the Science and Technology Advisory
Group. We have provided you with the terms of reference of the Task Force which
provide further details on members. Medsafe and the representative of VAANZ
provided technical advice to the taskforce only, and did not take part in decisions
relating to the purchase of vaccines.
The Task Force was advised by a Science and Technology Advisory Group. We have
provided you with the Terms of Reference of this group, which includes information on
its membership. Advice on vaccine candidates was provided by a subset of this group,
the Science and Clinical Review Panel, in order to manage availability of members and
potential conflicts of interest. Members of the Science and Clinical Review Panel are
indicated in the Science and Technology Advisory Group terms of reference.
On behalf of the Taskforce, MBIE contracted specialist legal advice to support
negotiations with potential vaccine suppliers from Simon Watt of BellGully.
The government provided indemnities to each of the suppliers it agreed to purchase
vaccines from. We have provided redacted copies of the business cases provided to
Treasury on each of the indemnities MBIE was responsible for. These include the
information we are able to provide on the indemnities granted. The specific details of
the indemnities are confidential, and are therefore withheld under the following
sections of the Act:
s9(2)(ba)(i) in order to protect information which is subject to an obligation of
confidence or which any person has been or could be compelled to provide
under the authority of any enactment, where the making available of the
information would be likely to prejudice the supply of similar information, or
information from the same source, and it is in the public interest that such
information should continue to be supplied
s9(2)(ba)(ii) in order to protect information which is subject to an obligation of
confidence or which any person has been or could be compelled to provide
under the authority of any enactment, where the making available of the
information would be likely otherwise to damage the public interest
Details of our contracts with vaccine suppliers are confidential, and are withheld under
s9(2)(ba)(ii) of the Official Information Act. However, we note importers and
manufacturers of medicines have a range of obligations under the Medicines Act 1981,
including on reporting untoward effects arising from the use of a licensed medicine,
whether in New Zealand or elsewhere. Detailed information on New Zealand’s
regulatory processes and requirements can be found on the Medsafe website
(medsafe.govt.nz). There are no clauses in our contracts with vaccine suppliers that
exempt them from meeting any of Medsafe’s regulatory requirements.
ACC is responsible for compensation for vaccine-related injuries. MBIE has made no
such payments and does not hold information on any payments made.
MBIE is not aware of any agreements entered into regarding the non-disclosure of
vaccine-related injuries. It has not entered into any agreements of this nature itself.
You have the right to seek an investigation and review by the Ombudsman of this
decision. Information about how to make a complaint is available at
www.ombudsman.parliament.nz or freephone 0800 802 602.
Yours sincerely
Simon Rae
Manager, International Science Partnerships
Ministry of Business, Innovation and Employment
