Lead Coordination Minister for the Government’s Response to the Royal Commission’s Report into the Terrorist Attack on the Christchurch Mosques
6 April 2022
ASE
By email:
[FYI request #18439 email]
Ref:
ALOIA159
Dear ASE
Response to your request for official information
Thank you for your request under the Official Information Act 1982 (the Act) on 4 February
2021 for information relating to the COVID-19 vaccine. You specifically requested:
“1. Is Andrew Little aware of any long-term safety data for any COVID-19
inoculations? If so, what is that data?
2. Is Andrew Little aware of any long-term efficacy data for any COVID-19
inoculations? If so, what is that data?
3. Considering what is and what is not known of long-term safety and efficacy of
COVID-19 inoculations, what consideration has Andrew Little given to the status of
COVID-19 inoculations as “experimental” medical treatments? What scientific and
medical basis does Andrew Little have for asserting that COVID-19 inoculations are
not “experimental” medical treatments? If this has not been considered by Andrew
Little, then why has this not been considered?
4. What contingency plans have been considered by Andrew Little, if COVID-19
inoculations may prove to be unsafe, ineffective, unnecessary, and/or otherwise
harmful to personal health and/or public health (as “public health” is generally
understood)? If this has not been considered by Andrew Little, then why has this not
been considered?
4. In consideration of positions, polices, and/or legislation (including, but not limited to
messaging and medical advice, collective punishments, and segregation) which may
appear as intent to use force, fraud, deceit, duress, over-reach, or other ulterior forms
of constraint or coercion to encourage, incentivize, or otherwise promote COVID-19
inoculations, what consideration has Andrew Little given to the effects of such
positions, polices, and/or legislation respecting healthcare providers' legal and ethical
obligations to empower their patients to exercise their rights of informed consent
(including rights of informed refusal)? How do such positions, polices, and/or
legislation respect patients' rights regarding informed consent (including rights of
informed refusal)? If this has not been considered by Andrew Little, then why has this
not been considered?
5.In consideration of positions, polices, and/or legislation (including, but not limited to
messaging and medical advice, collective punishments, and segregation) which may
appear as intent to use force, fraud, deceit, duress, over-reach, or other ulterior forms
of constraint or coercion to encourage, incentivize, or otherwise promote COVID-19
inoculations, what consideration has Andrew Little given to the effects of such
positions, polices, and/or legislation respecting individual human rights (including
human rights as recognised under national and international frameworks), such as
individual human rights to privacy and confidentiality of medical information; and
individual human rights to refuse medical treatment, with or without reason? If this
has not been considered by Andrew Little, then why has this not been considered?
6. In consideration of the questions raised above, and related matters, what
consideration has Andrew Little given to the possibility that positions, polices, and/or
legislation (including, but not limited to messaging and medical advice, collective
punishments, and segregation) which may appear as intent to use force, fraud,
deceit, duress, over-reach, or other ulterior forms of constraint or coercion to
encourage, incentivize, or otherwise promote COVID-19 inoculations, may expose
proponents, advocates, and/or actors on behalf of such positions, polices, and/or
legislation to culpability for human rights violations, crimes against humanity, and/or
war crimes? If this has not been considered by Andrew Little, then why has this not
been considered?”
Decisions by the Government on what actions to take, including measures to restrict
transmission and to protect the population from infection through vaccination, have been on
the basis of clinical advice provided by officials and external experts.
While the Act allows New Zealanders to ask for information from Ministers and government
agencies, there is no requirement to create new information, compile information they do not
hold or provide or prove an opinion. Your questions and their lengthy preamble appear to be
designed to engage in a debate about the Government’s COVID-19 vaccination programme,
rather than a request for official information. The Act does not support requests where a
comment, argument or a hypothetical statement is put to me and I am then asked to
comment on it, couched as a request for official information. These questions are therefore
refused under section 18(g) of the Act on the grounds that the information sought is not held
by my Of ice and there are no grounds for believing it is held by another agency subject to
the Act.
While I have formally refused your request as required by the law, I do appreciate you taking
the time to share your feedback, which wil be provided to the appropriate units in the Ministry
of Health. Under section 13 of the Act, additional information about the vaccine can be found
on the Ministry website at the following links:
• The Immunisation Handbook (chapter 5):
www.health.govt.nz/our-
work/immunisation-handbook-2020/5-coronavirus-disease-covid-19. This also
provides references to scientific studies conducted regarding COVID-19 and the
vaccine.
• The vaccine datasheet:
www.medsafe.govt.nz/profs/Datasheet/c/comirnatyinj.pdf.
• Ministry webpage regarding vaccine safety and ef icacy:
www.health.govt.nz/our-
work/diseases-and-conditions/covid-19-novel-coronavirus/covid-19-vaccines/covid-
19-vaccine-effectiveness-and-protection.
• Scientific and technical information available on the Ministry website at:
www.health.govt.nz/our-work/diseases-and-conditions/covid-19-novel-
coronavirus/covid-19-resources-and-tools/covid-19-science-news.
• COVID-19: How the Pfizer vaccines works is available at:
www.health.govt.nz/covid-
19-novel-coronavirus/covid-19-vaccines/covid-19-how-pfizer-vaccine-works.
The Government is acting consistently and in compliance with the New Zealand Bill of
Rights Act 1990 and Human Rights Act 1993. Human rights matters are considered as part
of the making of legal instruments as part of the COVID-19 response, and section 5 of the
New Zealand Bill of Rights Act 1990 provides that the rights can be subject to such
reasonable limits prescribed by law as demonstrably justified in a free and democratic
society. Further information can be found here:
www.hrc.co.nz/resources/human-rights-
relation-covid-19/.
The person who issued the Orders is the Minister for COVID-19 Response, Hon Chris
Hipkins. The Orders are drafted by the Parliamentary Counsel Of ice. Drafts of legislation,
including the names of individual drafters, are subject to legal professional privilege (section
61 of the Legislation Act 2012), and therefore are withheld pursuant to section 9(2)(h) of the
Act.
Al Orders are assessed for compliance with the New Zealand Bill of Rights Act 1990
(NZBORA) and an Order wil only be made by the Minister for COVID-19 Response if
compliant with the NZBORA. As part of decision making, he receives advice about
compliance with NZBORA including legal advice. The rights and freedoms in NZBORA are
subject to reasonable limits prescribed by law as can be demonstrably justified in a free and
democratic society, so such rights and freedoms are not overridden as part of the making of
Orders.
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.
Yours sincerely
Hon Andrew Little
Minister of Health
