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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
 
 

------------------- Original Message -------------------
From: Erika Whittome <[FOI #24436 email]>;
Received: Fri Oct 13 2023 11:26:22 GMT+1300 (New Zealand Daylight Time)
To: OIA Requests <[email address]>; OIA <[email address]>;
Subject: Official Information request - How many clause 9 exemptions were
received and approved for unvaccinated workers

Dear Ministry of Health,
According to the legislation at the time in Nov 2021, there were
exemptions available for those who were not getting vaccinated against
Covid 19 under clause 9 of the COVID-19 Public Health Response
(Vaccinations) Order 2021 which I will copy and paste:

9 Chief executive may authorise affected persons not vaccinated to carry
out
certain work
----------------------------------

(1) This clause—
(a) applies despite anything in clause 7 or 8; but
(b) does not apply to an affected person who belongs to a group specified
in
Part 7 or 9 of the table in Schedule 2.
(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
quarantine 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 Maritime
New Zealand:
(c) in relation to a worker who is not a service worker and who works at
an affected airport or on board an affected aircraft, means the Director
of Civil Aviation:
(ca) in relation to a staff member of a corrections prison, means the
chief executive of the Department of Corrections:
(d) in relation to any other worker, means the chief executive of the
relevant PCBU.

Kindly share:
1. How many such clause 9 CEO operational exemptions were received?
2. Please share the break down by DHB or other tax funded health
organization, eg medsafe etc
3. How many were approved, total number of workers affected?
4. A breakdown by the organization for the above approvals in 3. above.

Yours faithfully,

Erika Whittome

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Kia ora Erika,
I am contacting you regarding your request for the below:
1. How many such clause 9 CEO operational exemptions were received?
2. Please share the break down by DHB or other tax funded health
organization, eg medsafe etc
3. How many were approved, total number of workers affected?
4. A breakdown by the organization for the above approvals in 3. above.
Can you please confirm if you have referred to the right provisions under
the vaccination order? If you are interested in the former DHBs and other
health agencies, those would’ve been dealt with under the temporary
medical exemption and significant service disruption provisions, not
clause 9. Are you looking for information regarding former DHBs and health
agencies?

Ngâ mihi 

  

OIA Services Team

Manatû Hauora | Ministry of Health

M[1]inistry of Health information releases 
U[2]nite against COVID-19 

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If you have received this message in error, please notify the sender
immediately and delete this message.
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Kia ora Erika,
Please find attached a response to your official information act request 

Ngā mihi 

  

OIA Services Team

Manatū Hauora | Ministry of Health

M[1]inistry of Health information releases 
U[2]nite against COVID-19 

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If you have received this message in error, please notify the sender
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References

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2. https://covid19.govt.nz/

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