How many clause 9a exemptions were received and approved for unvaccinated workers?
Erika Whittome made this Official Information request to Ministry of Health
Response to this request is long overdue. By law Ministry of Health should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
From: Erika Whittome
Dear Ministry of Health,
According to the legislation at the time in 2021, there were exemptions available for those who were not getting vaccinated against Covid 19 under clause 9a of the COVID-19 Public Health Response (Vaccinations) Order 2021 which I will copy and paste:
9A Director-General may authorise affected persons not fully vaccinated to
carry out certain work
(1) This clause applies despite anything in clause 7 or 8.
(2) The Director-General may, on the application of a relevant PCBU (the appli‐
cant), authorise an affected person who is not fully vaccinated to carry out cer‐
tain work.
(3) The Director-General may give an authorisation in respect of an affected per‐
son only if—
(a) the person has received at least 1 dose of a COVID-19 vaccine (not
being the Janssen vaccine); and
(b) the Director-General is satisfied, taking into account the certain work to
be carried out by the person, that the receipt of that vaccine adequately
prevents, or limits the risk of,—
(i) an outbreak of COVID-19; or
(ii) the spread of COVID-19.
(4) The Director-General may impose 1 or more conditions on an authorisation
(for example, that the affected person meet the vaccination requirements set out
in Schedule 3 within a specified time frame).
(5) The Director-General must give the applicant written notice of the outcome of
an application and, if an authorisation has been given, of any conditions
imposed on the authorisation.
(6) The applicant must give a copy of a written notice received under subclause (5)
to the affected person who is the subject of the application.
Kindly share:
1. How many such 9a requests were received from PCBUs?
2. How many were approved by the Director General?
2. A breakdown by industry for the above two items.
Yours faithfully,
Erika Whittome
From: OIA Requests
Kia ora Erika
Thank you for your request for official information. The reference number
for your request is: H2023031525
As required under the Official Information Act 1982, Manatū Hauora will
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Ngā mihi
OIA Services Team
Manatū Hauora | Ministry of Health
M[4]inistry of Health information releases
U[5]nite against COVID-19
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From: OIA Requests
Kia ora Erika,
Please find attached a letter regarding your request for information.
Ngā mihi
OIA Services Team
Manatū Hauora | Ministry of Health
M[1]inistry of Health information releases
U[2]nite against COVID-19
show quoted sections
References
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1. https://www.health.govt.nz/about-ministr...
2. https://covid19.govt.nz/
From: Erika Whittome
Dear OIA Requests,
It is not relevant that DHBs changed into a different entity called te Whatu Ora . The clause 9a requests all went to the one person who is the director general at the ministry of health. That entity still exists.
Kindly answer this OIA request.
Yours sincerely,
Erika Whittome
From: Erika Whittome
Dear OIA Requests,
Complaint made to the Ombudsman today.
Yours sincerely,
Erika Whittome
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