Brian Tamaki vaccination status
P TSAI made this Official Information request to Ministry of Health
The request was refused by Ministry of Health.
From: P TSAI
Dear Ministry of Health,
Given Brian Tamaki's very public stance on COVID-19 anti-vaccination and his participation in organising or speaking at multiple public COVID-19 anti-vaccination rallies / protests, I would like to know whether the Ministry of Health has any record of Brian Tamaki (of Destiny Church) receiving the COVID-19 vaccination.
Given the principle of availability, and also the significant public interest (particularly given the attention he has courted himself on this topic and the potential public health consequences of his actions) which I consider outweighs any privacy considerations (only a simple yes/no answer is required), I suggest it would be desirable to make this information available; noting also that any good faith disclosure is immune from civil / criminal actions (OIA section 48).
If Brian Tamaki will be consulted about this request, I also request any response by Brian Tamaki received by the Ministry in relation to this request.
Yours faithfully,
P TSAI
From: OIA Requests
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OIA Services
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Ministry of Health
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P TSAI left an annotation ()
Thanks Chris, my understanding is that section 24 relates to the right for corporate entities to access their own personal information (person is defined in the Interpretation section to include bodies corporate) - see also section 24(1), and this section is not relevant to my request (noting that natural persons have a right to access their own personal information under the Privacy Act).
Section 27 only applies to a request made under section 24 (so not relevant to my request).
My request should be treated as an ordinary OIA request under section 12 (personal information is still considered official information as it is information held by the Ministry). I understand there may be privacy considerations (section 9(2)(a)) but any withholding of the official information on privacy grounds would need to be balanced with the public interest (section 9(1)).
See also: https://www.ombudsman.parliament.nz/site...
From: OIA Requests
Kia ora P TSAI
Please find attached the response to your request for official
information.
Nāku noa, nā
OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [1][email address]
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distribute or copy this message or attachments.
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Hayden Allen left an annotation ()
P Tsai. Brian Tamaki is not opposed to vaccination. He is opposed to mandates, coercion, and other forced interference.
Do you have any evidence to the contrary? or are you just reverting to the "anti-vaxer" type rhetoric? Thank you.
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Chris left an annotation ()
You can't use the OIA to request the private medical records of another individual. Personal information is defined in the interpretation section, check out section 24 which states that personal information can only be disclosed to that person that it relates to and also section 27 on reasons of refusal regarding disclosure of personal information.
Also section 48, the phrase that follows "in good faith" is "pursuant to this Act".
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