H202205344 response letter.pdf

133 Molesworth Street
PO Box 5013
Wellington 6140
New Zealand
T+64 4 496 2000
8 June 2022
Chuck Schooner
By email:  [FYI request #19110 email]
Ref:
H202205344
Tēnā koe Chuck
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 11 April 2022 for information about why certain groups of people are
required to provide proof of vaccination against COVID-19 to enter New Zealand, and why
some groups, such as refugees or people from Ukraine, are exempt from the vaccination
requirement. You specifically requested:
“As per Government policy
- non-New Zealand citizens including New Zealand permanent residents need proof of
vaccination to enter NZ
- non-New Zealand citizens who are transiting New Zealand require proof of vaccination
- foreign air crew arriving in New Zealand require proof of vaccination
Proof of vaccination is not required for refugees or people entering from Ukraine amongst
other groups - can you please provide all documentation collaborating with the
immigration minister relating to the following
- Documents, reporting, risk assessments and recommendations as to why the above
groups are required to have proof of vaccination - is it a perceived higher risk? Please
provide the public health recommendation for this group of people requiring vaccination
- Documents, reporting, risk assessments and recommendations as to why refugees and
people from Ukraine ARE NOT required to have proof of vaccination - is it a perceived
lower risk? Please provide the public health recommendation for this group of people and
why the don't require vaccination.
If the above has not been done then why not? Surely refugees and people from Ukraine
would then fall under the category of non-New Zealand citizens entering in New Zealand
who require vaccination and so the category of people is the same?”
The Ministry has identified three documents within scope of your request. They are itemised in
Appendix 1 and copies are enclosed. Where information is withheld, this is outlined in the
Appendix and noted in the document itself. Please note where information is withheld under
section 9 of the Act, I have considered the countervailing public interest in release in making
this decision and consider that it does not outweigh the need to withhold at this time.

To provide some additional context to your request, vaccination has played an important part in
reducing the overall impact of COVID-19 within New Zealand, including reducing the overall
morbidity and mortality due to COVID-19.

COVID-19 vaccination requirements for entry to New Zealand were first introduced on 1
November 2021 as a further response to the pandemic and currently apply only to arrivals at the
air border

When the policy was introduced, there was agreement that certain categories of people would
be exempt from the vaccination requirement for various reasons including humanitarian
grounds. This has included refugees arriving in New Zealand for the first time, Afghan nationals
who are being evacuated from Afghanistan, and more recently people arriving from Ukraine due
to the current conflict.

New Zealand has now entered a new chapter in the COVID-19 response and our borders and
domestic settings are gradual y becoming less restrictive. We have shifted from a ‘Keep it Out’
approach, as part of the Elimination Strategy, to an increasingly open border with limited
measures in place under our minimise and protect approach.

As our COVID-19 context has changed, there has been a shift in the purpose of requiring
travellers (visitors and tourists in particular) to be vaccinated as a condition of entry to New
Zealand. The current objective is primarily to reduce the severity of serious illness from COVID-
19, and therefore to minimise the potential burden on the health system.

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-
information-act-requests.

Nāku noa, nā

Maree Roberts
Deputy Director-General
System Strategy and Policy

Page 2 of 3

Appendix 1: List of documents for release

#
Date
Document details
Decision on release
1
11 March 2022  Internal Ministry of Health email
Released with some information
correspondence: Possible
withheld under section 9(2)(a) of
exemption from pre-travel
the Act, to protect the privacy of
requirements for people arriving
natural persons.
from Ukraine.
2
21 March 2022  Briefing: Further policy approvals
Released with some information
for inclusion in the COVID-19
withheld under section 9(2)(a) of
Public Health Response (Air
the Act.
Border) Amendment Order (No 3)
(HR20220509)
3
22 March 2022  Memorandum: COVID-19 Public
Some information withheld under
Health Response (Air Border)
sections
Amendment Order (No 3) 2022
•  9(2)(a); and
(HR20220524)
•  9(2)(h) to maintain legal
professional privilege.

Page 3 of 3

Document 1
From:
Mark Heffernan
Sent:
Friday, 11 March 2022 3:09 pm
To:
Laura Miller
Subject:
ODPH view on Ukraine
From: Harriette Carr <[email address]>
Sent: Friday, 11 March 2022 3:07 pm
To: Mark Heffernan <[email address]>; PHP-Office of the Director of Public Health <PHP-
[email address]>
ACT 1982
Subject: RE: Possible exemption from pre-travel requirements for people arriving from Ukraine
Hi Mark,
Assuming that we are not talking about large numbers here, then I think the humanitarian argument takes
precedent over PDT and vaccination from my perspective – similar to Afghanistan.
I assume that they would be provided with appropriate support on arrival to enable them to access vaccination, etc.
Kind regards
INFORMATION
Dr Harriette Carr
Deputy Director of Public Health
Population Health and Prevention
Ministry of Health
S9(2)(a)
http://www.health.govt.nz
mailto:[email address]
From: Mark Heffernan <[email address]>
Sent: Friday, 11 March 2022 10:40 am
To: PHP-Office of the Director of Public Health <[email address]>
Subject: Possible exemption from pre-travel requirements for people arriving from Ukraine
Morning all,
I’m writing to ask for your view on the public health risks of exempting travellers arriving from Ukraine from
vaccination and pre-departure testing requirements in the ABO?
MBIE Immigration is working at pace to establish a process to allow certain people travelling from Ukraine to enter
New Zealand. A short-term fix will see the first of these travellers arriving next weekend and a more enduring Visa
c ass will then be established from early April. MBIE has identified pre-departure testing and vaccination
requirements in the ABO as a barrier to facilitating these arrivals.
RELEASED UNDER THE OFFICIAL
Currently, the ABO does exempt citizens of Afghanistan from these requirements. We also have the ability to
consider individual exemptions under this  Notice. However, the advice we have received is that exemptions on a
country basis are more appropriately set by the Order.
We have an opportunity to wrap an exemption from these requirements into next week’s ABO Amendment, but
need advice on what the public health risks are and whether they are acceptable? I’m not sure how to present this
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Document 1
to you analytically, but note that the number of arrivals aren’t likely to be high and the justification and
circumstances are likely to be similar to the existing exemption provided to citizens of Afghanistan.
Regards,
Mark
Mark Heffernan l Principal Policy Analyst, Covid-19 Policy
System Strategy and Policy l Ministry of Health l [email address]
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INFORMATION
RELEASED UNDER THE OFFICIAL
2

Document 2
Briefing
Further policy approvals for inclusion in the COVID-19
Public Health Response (Air Border) Amendment Order
(No 3)
Date due to MO:  21 March 2022
Action required by:
21 March 2022 ACT 1982
Security level:
IN CONFIDENCE
Health Report number:  20220509
To:
Hon Chris Hipkins, Minister for COVID-19 Response
CC:
Hon Dr Ayesha Verral , Associate Minister for COVID-19 Response
Contact for telephone discussion
INFORMATION
Name
Position
Telephone
Dr Ashley Bloomfield  Te Tumu Whakarae mō te Hauora
S9(2)(a)
Director-Genera  of Health
Maree Roberts
Deputy Director-General, System Strategy and
Policy
Minister’s office to complete:
☐ Approved
☐ Decline
☐ Noted
☐ Needs change
☐ Seen
☐ Overtaken by events
☐ See Minister’s Notes
☐ Withdrawn
Comment:
RELEASED UNDER THE OFFICIAL
Briefing: HR20220507

Document 2
Further policy approvals for inclusion in the COVID-
19 Public Health Response (Air Border) Amendment
Order (No 3)

Security level:
IN CONFIDENCE
Date:
18 March 2022
To:
Hon Chris Hipkins, Minister for COVID-19 Response
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CC:
Hon Dr Ayesha Verrall, Associate Minister for COVID-19 Response
Purpose
1.
This report presents two policy changes to the COVID-19 Public Health Response
(Air Border) Order 2021 for your approval. If you agree, you are asked to consult
the Prime Minister and your Ministerial col eagues on these changes by 9am
Tuesday 22 March so they can be included in an amendment order you are due
to sign on 23 March to give effect to the New Zealand Traveller Declaration.
INFORMATION
Summary
2.
On 17 November 2021 Cabinet agreed to the settings for Tranche One of the
New Zealand Traveller Declaration (NZTD) (SWC-21-MIN-0178 refers). The
COVID-19 Public Health Response (Air Border) Amendment Order (No 3) (“the
Amendment Order”) has been drafted to provide the legal basis for the NZTD to
go live.
3.
As these changes have been agreed by Cabinet you are not required to consult
the Prime Minister and your Ministerial col eagues on them in order to meet your
obligations under Section 9(1)(c) of the COVID-19 Public Health Response Act
2020. However, there are two matters that we propose to address through the
Amendment Order that do require your agreement and consultation.
The penalty for non-completing the New Zealand Traveller Declaration
4.
When Cabinet considered proposals for the NZTD in November it agreed to
establish the penalty for non-compliance with the requirement to have a traveller
pass as a “high risk” infringement offence.
5.
High risk offences are defined under the COVID-19 Public Health Response
(Infringement Offences) Regulations 2021 as those where a breach of the
RELEASED UNDER THE OFFICIAL
requirement results in a probable risk of transmitting or spreading COVID-19.
High risk offences impose a fee of $4,000 and have been applied to obligations
around movement in Managed Isolation and Quarantine Facilities and
vaccination requirements for travellers entering New Zealand.
Briefing: HR20220507

Document 2
6.
Officials do not consider it appropriate to subject the penalty for non-completion
of the NZTD, which is an administrative matter, to the High-Risk infringement
class. We recommend that Ministers agreeing to make this is a Low-Risk
infringement which would attract a fee of $500. This would be consistent with
similar breaches in COVID-19 orders such as the requirement to produce
evidence of compliance with COVID-19 provisions if requested by an authorised
officer. This would, however, be contrary Cabinet’s prior agreement.
A new class exemption for people arriving from Ukraine
7.
On 14 March 2022 Cabinet agreed to create a Special Immigration Policy for
people arriving from Ukraine and invited the Minister for COVID-19 Response to
ACT 1982
consider the required changes to the COVID-19 Public Health (Air Border) Order
to facilitate this.
8.
In partnership with the Ministries of Business, Innovation and Employment and
Foreign Affairs and Trade we consider that exemptions from requirements to be
vaccinated and to have a pre-departure test are justified. This would be
consistent with the exemptions granted to arrivals to New Zealand from
Afghanistan.
9.
These exemptions can already be granted by the Director-General and a proc
INFORMATION ess
is in place to ensure that any imminent a rivals to New Zealand from Ukraine are
not subject to these requirements. However, we recommend that these
exemptions are formalised in the Order for consistency with the approach taken
with arrivals from Afghanistan and to reduce any risk of legal chal enge.
Recommendations
We recommend that you:
a)
Note  that  the attached COVID-19 Public Health Response (Air Border)  Noted
Amendment Order (No 3) 2022 gives give effect to policy decisions for the
establishment of the New Zealand Traveller Declaration agreed to by Cabinet
on 17 November 2021.
b)
Note that consultation on the aspects of the attached Order that give effect  Noted
to the New Zealand Traveller Declaration is not required to meet your legal
obligations, but officials are proposing two policy changes that, subject to
your agreement, do require consultation.
c)
Agree  that the penalty for arriving in New Zealand without a  traveller  Yes / No
declaration no longer be a high-risk infringement offence as prescribed under
the COVID-19 Public Health Response (Infringement Of ences) Regulations
2021 and should instead be classified as a low-ris
RELEASED UNDER THE OFFICIAL k infringement offence.
d)
Agree to a new class exemption in the COVID-19 Public Health Response (Air  Yes / No
Border) Order with the effect that travellers arriving from Ukraine wil  not need
to be vaccinated or have a pre-departure test
Briefing: HR20220507

Document 2
e)
Agree to consult the Prime Minister, the Ministers of Justice and Health, and  Yes / No
any other Ministers you  consider relevant on the  proposals in
recommendations b) and c) above with feedback required by 9am Tuesday 22
March 2022
f)
Note that a final version of the COVID-19 Public Health Response (Air Border)  Yes / No
Amendment Order (No 3) 2022 wil  be provided for your signature by 11am
Wednesday 23 March 2022.

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Dr Ashley Bloomfield
  Hon Chris Hipkins

Te Tumu Whakarae mō te Hauora
  Minister for COVID-19 Response

Director-General of Health
  Date:

Date: 20/ 03/2022






INFORMATION





RELEASED UNDER THE OFFICIAL
Briefing: HR20220507

Document 3
Memorandum
COVID-19 Public Health Response (Air Border) Amendment Order (No 3)
2022 for signing
Date due to MO:  22 March 2022
Action required by:
23 March 2022
Security level:
IN CONFIDENCE
Health Report number:  20220524
ACT 1982
To:
Hon Chris Hipkins, Minister for COVID-19 Response
Contact for telephone discussion
Name
Position
Telephone
INFORMATION
Dr Ashley Bloomfield
Te Tumu Whakarae mō te Hauora
S9(2)(a)
Director-General o  Health
Steve Waldegrave
Group Manager, COVID-19 Policy, System
Strategy and Policy
Minister’s office to complete:
☐ Approved
☐ Decline
☐ Noted
☐ Needs change
☐ Seen
☐ Overtaken by events
☐ See Minister’s Notes
☐ Withdrawn
Comment:
RELEASED UNDER THE OFFICIAL

Document 3
COVID-19 Public Health Response (Air
Border) Amendment Order (No 3) 2022 for
signing
Security level:
IN CONFIDENCE
Date:
22 March 2022
To:
Hon Chris Hipkins, Minister for COVID-19 Response
ACT 1982
Purpose of report
1.
This report recommends you sign the attached COVID-19 Public Health Response (Air
Border) Amendment Order (No 3) 2022 (“the Amendment Order )
2.
This report discloses all relevant information and implications.
Summary
3.
On 17 November 2021 Cabinet agreed to the policy and legal settings required t
INFORMATION o
operationalise the New Zealand Traveller Declaration (“NZTD”) [SWC-21-MIN-0178
refers]. The attached Amendment Order has been drafted to give legal effect to these
settings and provides:
a. a clear legal basis for the operation and responsibility of the system, including the
ability to col ect information and evidence for the purposes for which the system is
approved
b. a requirement that al  travellers must obtain an approved traveller declaration
c. a requirement that the Chief Executive of the New Zealand Customs Service must
issue a traveller pass if a traveller meets al  applicable COVID-19 provisions,
d. the ability for the Chief Executive of the New Zealand Customs Service to decline or
revoke a traveller pass where:
o The traveller declaration did not include the required information
o The traveller hasn’t given satisfactory evidence that have complied with
applicable COVID-19 provisions
o The Customs Chief Executive is satisfied that the traveller declaration or
evidence provided is false or misleading.
4.
The Amendment Order also gives effect to your agreement to provide a class exemption
from vaccination and pre-departure testing requirem
RELEASED UNDER THE OFFICIAL  ents for people arriving from
Ukraine (HR2022059 refers).
5.
The confirmation sought from you in HR2022059 that non-compliance with the New
Zealand Traveller Declaration should be a low-risk infringement offence does not require
a change to the Order.
Briefing: HR20220512
1

Document 3
S9(2)(h)
2
Briefing: HR20220512
2

Document 3
Commencement
12.
Once signed, the provisions of the Amendment Order relating to the New Zealand
Traveller Declaration will come into effect at 11:00 am on Friday 25 March 2022 to align
with the launch of that system. Provisions relating to the exemption from requirements
for people arriving from Ukraine wil  come into force at 11:59pm on Wednesday 23
March 2022.
Next steps
13.
To provide for the 48-hour notification period before the New Zealand Traveller
Declaration goes live, it is recommended that you sign the attached Amendment Order
by 9am on Wednesday 23 March 2022 so it may be notified in the New Zealand Gazette
by 11am Wednesday 23 March 2022.
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Recommendations
We recommend you:
a) Note that the attached draft COVID-19 Public Health Response (Air Border) Noted
Amendment Order (No 3) 2022 implements Cabinet’s decisions on the policy
and legal settings required to operationalise the New Zealand Traveller
Declaration
INFORMATION
b) Note that the attached draft COVID-19 Public Health Response (Air Border) Noted
Amendment Order (No 3) 2022 implements your decision to grant a class
exemption from vaccination and pre-departure testing requirements for
people arriving from Ukraine
c) Sign  the attached draft COVID-19 Public Health Response (Air Border) Yes/No
Amendment Order (No 3) 2022 before 9:00 am on Wednesday 23 March 2022
d) Note that, once signed, provisions of the Order that relate to the New Zealand Noted
Traveller Declaration will come into force at 11:00 am on Friday 18 March 2022
and provisions relating to the exemptions for people arriving from Ukraine
wil  come into force at 11:59pm on Wednesday 23 March 2022.
Dr Ashley Bloomfield
Hon Chris Hipkins
Te Tumu Whakarae mō te Hauora
Minister for COVID-19 Response
Director General of Health
Date:
Date: 22 March 2022
RELEASED UNDER THE OFFICIAL
Briefing: HR20220512
3