Clause 9 vax exemptions and health and safety designations at Maritime NZ
Erika Whittome made this Official Information request to Maritime New Zealand
Response to this request is long overdue. By law Maritime New Zealand should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
From: Erika Whittome
Dear Maritime, New Zealand,
1. What budget was allocated for Covid 19 health and safety activities at Maritime New Zealand for the 2021/2022 financial year? For example Covid advisors, Covid risk specialist roles etc
2. How many exemptions were given under clause 9 of the COVID-19 Public Health Response (Vaccinations) Order 2021 (version as of 25 Oct 2021). I will copy and paste from that clause:
Clause 9 Chief executive may authorise affected persons not vaccinated to carry out
certain work
(2) A chief executive may authorise an affected person who has not been vaccina‐
ted to carry out certain work if the work—
(a) is unanticipated, necessary, and time-critical and cannot be carried out
by a person who is vaccinated; and
(b) must be carried out to prevent the ceasing of operations.
(3) An affected person who is authorised to carry out certain work under subclause
(2) may be authorised to re-enter as many times as is necessary to complete the
work.
(4) An affected person may enter any place without approval if they need to enter
to preserve or protect a person’s life, health, or safety in an emergency.
(5) In this clause, chief executive,—
(a) in relation to a worker at a managed isolation facility or a managed quar‐
antine facility, means the chief executive of the Ministry of Business,
Innovation, and Employment:
(b) in relation to a worker who is not a service worker and who works at an
affected port or on board an affected ship, means the Director of Mari‐
time New Zealand:
3 What designations did Maritime New Zealand receive under section 191 of the Health and Safety at Work Act 2015 in order to act as a regulator for health and safety matters?
Yours faithfully,
Erika Whittome
From: Property and Procurement
Maritime New Zealand
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From: Ministerial Services
Maritime New Zealand
Kia Ora Erika
I acknowledge receipt of your email of 11 September 2023, requesting under the Official Information Act 1982:
1. What budget was allocated for Covid 19 health and safety activities at Maritime New Zealand for the 2021/2022 financial year? For example Covid advisors, Covid risk specialist roles etc
2. How many exemptions were given under clause 9 of the COVID-19 Public Health Response (Vaccinations) Order 2021 (version as of 25 Oct 2021). I will copy and paste from that clause:
Clause 9 Chief executive may authorise affected persons not vaccinated to carry out certain work
(2) A chief executive may authorise an affected person who has not been vaccina‐ ted to carry out certain work if the work—
(a) is unanticipated, necessary, and time-critical and cannot be carried out by a person who is vaccinated; and
(b) must be carried out to prevent the ceasing of operations.
(3) An affected person who is authorised to carry out certain work under subclause
(2) may be authorised to re-enter as many times as is necessary to complete the work.
(4) An affected person may enter any place without approval if they need to enter to preserve or protect a person’s life, health, or safety in an emergency.
(5) In this clause, chief executive,—
(a) in relation to a worker at a managed isolation facility or a managed quar‐ antine facility, means the chief executive of the Ministry of Business, Innovation, and Employment:
(b) in relation to a worker who is not a service worker and who works at an affected port or on board an affected ship, means the Director of Mari‐ time New Zealand:
3 What designations did Maritime New Zealand receive under section 191 of the Health and Safety at Work Act 2015 in order to act as a regulator for health and safety matters?
In relation to Part 1 of your request, you have indicated COVID-19 Health and Safety Activities, however, the examples you provided are COVID-19 specific roles. Did you mean:
What budget was allocated for Covid 19 specific roles at Maritime New Zealand for the 2021/2022 financial year?
I would be grateful for any clarification. Please note, any clarification or amendment of a request is considered to be a new request for the purpose of calculating the maximum statutory timeframe for response—see section 15(1AA) of the Official Information Act.
Ngā mihi maioha
Margee Do | Principal Advisor, Ministerial Services
Maritime New Zealand
Nō te rere moana Aotearoa
W www.maritimenz.govt.nz
show quoted sections
From: Erika Whittome
Dear Ministerial Services,
Yes, my question is: What budget was allocated for ANY Covid 19 specific roles at Maritime New Zealand for the 2021/2022 financial year.
Yours sincerely,
Erika Whittome
From: Erika Whittome
Dear Ministerial Services,
Attention Margee Do: Is there any update to my OIA please?
Yours sincerely,
Erika Whittome
From: Ministerial Services
Maritime New Zealand
Kia Ora Erika
Please find attached response to your information request
Ngā mihi maioha
Margee Do | Principal Advisor, Ministerial Services
Maritime New Zealand
Nō te rere moana Aotearoa
W www.maritimenz.govt.nz
show quoted sections
From: Erika Whittome
Dear Ministerial Services,
I did not ask about medical exemptions, rather I asked about clause 9 exemptions and included the definition of these in my original question. Would you kindly answer the question on how many clause 9 exemptions were approved.
Yours sincerely,
Erika Whittome
From: Ministerial Services
Maritime New Zealand
Kia Ora Erika
The medical exemptions referred to, are interpreted as the Clause 9 exemptions. So the answer is the same.
Many thanks
Ngā mihi maioha
Margee Do | Principal Advisor, Ministerial Services
Maritime New Zealand
Nō te rere moana Aotearoa
W www.maritimenz.govt.nz
show quoted sections
From: Erika Whittome
Dear Ministerial Services,
The word "Medical" is no where in clause 9. I copied and pasted clause 9 in this request, and it is not a medical exemption. Would you kindly answer my question regarding clause 9 exemptions and not conflate it with medical exemptions?
Yours sincerely,
Erika Whittome
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