Dear Chris Hipkins,

The Parliamentary Counsel Office recently added more secondary legislation concerning COVID-19 rules relating to community mask wearing.

COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022
COVID-19 Public Health Response (Protection Framework) Amendment Order (No 9) 2022

Even though secondary legislation does not receive public and parliamentary scrutiny before it is released, the legislation is required to have a sound evidential and policy basis in order to demonstrate that the legislation is neither arbitrary nor tyrannical. Please provide information, reports, data, addenda, emails held with the Minister for COVID-19 response:

a. General data (including reviews of the peer reviewed scientific literature) demonstrating that community-based masking prevents hospitalisation and death from respiratory viruses including coronaviruses and influenza.

b. All recent analyses provided to yourself on the evidence in the published and peer reviewed scientific literature on the efficacy of mask wearing in communities directly relating to the period of the COVID-19 pandemic November 2019 – May 3, 2022, and the capacity for masking as intervention to prevent to (a) prevent transmission of Sars-Cov-2 infection (b) prevent hospitalisation and death from Sars-Cov-2.
(i) Please confirm that literature reviews of the scientific literature have been undertaken to understand & evaluate the evidence in the scientific literature over this period.

c. Data showing breakdown by decade, age 20-29 etc., the percentage of the New Zealand population in these brackets or equivalent, that have been previously infected with Sars-Cov-2.

d. Data demonstrating that in communities that have already been exposed to COVID-19, that masking makes a meaningful difference in preventing hospitalisation and death.
(i) Please confirm that literature reviews of the scientific literature have been undertaken to understand & evaluate the evidence in the scientific literature over this period.

d. All reports, policies and analyses (including literature reviews of the peer reviewed scientific literature) that review/consider the potential for harm as a consequence of compulsory mask wearing in educational institutions. This includes harm arising in mental health, issues for those with hearing loss, potential for developmental delays and the potential for increased truancy and uptake in early leavers due to the requirement. This question asks that the data is broken down to identify that the Minister has considered this risk profile at pre-school level, primary level, intermediate level, secondary level and tertiary level.
(i) Please confirm that literature reviews of the scientific literature have been undertaken
to understand & evaluate the evidence in the scientific literature over this period.

Please note that any response suggesting that this request should be directed to the Ministry of Health will not be accepted, as this Official Information Act request directly relates to the production of the legislation noted above.

Therefore, this request considers that in order to take the step of formalising exemption passes, the Minister would have a scientifically sound basis for the evidence on masking preventing hospitalisation and death in communities.

Yours faithfully,

J Bruning