Enforcers of fines for the Covid-19 Act
Erika Whittome made this Official Information request to Ministry of Health
The request was partially successful.
From: Erika Whittome
Dear Ministry of Health,
How many fines were collected by authorized enforcement persons under s 18 (1) (f) of the Covid-19 Public Health Response Act. The fines I've referring to were for businesses and for individuals.
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: H2024038079
As required under the Official Information Act 1982, Manatū Hauora will
endeavour to respond to your request no later than 20 working days after
the day your request was received. If you'd like to calculate the
timeframe, you can use the Ombudsman's online calculator
here: [1]http://www.ombudsman.parliament.nz/
If you have any queries, please feel free to contact the OIA Services Team
on [2][email address]. If any additional factors come to light which
are relevant to your request, please do not hesitate to contact us so that
these can be taken into account.
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: [3][email address] or by calling 0800
802 602.
Ngā mihi
OIA Services Team
[4]Ministry of Health information releases
------------------- Original Message
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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
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References
Visible links
1. https://www.health.govt.nz/about-ministr...
2. https://covid19.govt.nz/
From: Erika Whittome
Dear OIA Requests,
Please would you share further information on these fines from the MoH.
1. Who exactly issued these fines?
2. What is the authority and jurisdiction to issue these fines?
3. Where is the delegation? I do not see any gazzetted on the New Zealand Gazette, but I may be missing something.
Yours sincerely,
Erika Whittome
From: OIA Requests
Kia ora Erika,
Thank you for your request for official information. The reference number
for your request is: H2024039112
As required under the Official Information Act 1982, Manatū Hauora will
endeavour to respond to your request no later than 20 working days after
the day your request was received. If you'd like to calculate the
timeframe, you can use the Ombudsman's online calculator
here: [1]http://www.ombudsman.parliament.nz/
If you have any queries, please feel free to contact the OIA Services Team
on [2][email address]. If any additional factors come to light which
are relevant to your request, please do not hesitate to contact us so that
these can be taken into account.
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: [3][email address] or by calling 0800
802 602.
Ngā mihi
OIA Services Team
[4]Ministry of Health information releases
show quoted sections
From: OIA Requests
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Kia ora Erika
Please find attached a letter from the Ministry of Health regarding your
requests for information.
In addition to the requests noted in the letter, the Ministry asks that
you also consider the OIA you’ve recently submitted on 9 April 2024. A
copy of which is attached for ease of reference.
If you have any queries, please feel free to get in touch. We look forward
to your response.
Ngâ mihi
OIA Services Team
[1]Manatû Hauora information releases
[2][IMG] [3][IMG] [4][IMG] [5][IMG]
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References
Visible links
1. https://www.health.govt.nz/about-ministr...
2. https://www.facebook.com/minhealthnz/
3. https://twitter.com/minhealthnz
4. https://www.youtube.com/minhealthnz
5. https://www.linkedin.com/company/ministr...
From: Erika Whittome
Dear OIA Requests,
It is unfortunate that there is no existing documentation or publications relating to the information I request in this OIA. However this does not diminish the importance or the actions of the MoH and the information around their actions spending public money. I will copy and paste from the Official Information Act:
The purposes of this Act are, consistently with the principle of the Executive Government’s responsibility to Parliament,—
(a)to increase progressively the availability of official information to the people of New Zealand in order—
(i)to enable their more effective participation in the making and administration of laws and policies; and
(ii)to promote the accountability of Ministers of the Crown and officials,—
and thereby to enhance respect for the law and to promote the good government of New Zealand:
(b) to provide for proper access by each person to official information relating to that person:
(c)to protect official information to the extent consistent with the public interest and the preservation of personal privacy.
Yours sincerely,
Erika Whittome
From: OIA Requests
kia ora Erika,
Please find attached our response to your official information request.
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
Visible links
1. https://www.health.govt.nz/about-ministr...
2. https://covid19.govt.nz/
From: Erika Whittome
Dear OIA Requests,
According to the Covid 19 Act 2020 "enforcement officer means—
(a)the Director-General:
(b)a medical officer of health:
(c)a constable:
(d) in relation to any function or power, a person authorised to perform that function or power under section 18 or a person in a class of persons authorised to perform that function or power under section 18"
Then Section 18 says that the director general "may" authorize a person. So whom did the director general authorize for these fines?
Section 18 (2) says that the authorization must be in writing:
"An authorisation under subsection (1) must—
(a) be in writing; and
(b) specify—
(i)the authorised enforcement person or the class of persons; and
(ii)the functions and powers that may be carried out by the authorised enforcement person or class of persons; and
(iii)the term of the authorisation."
My request for information was authority and jurisdiction to issue these fines (in writing). I could not see any authorization or delegations on the Gazette (ie in writing) . Please provide the requested information for when the authorisation was given as per s18 above.
Yours sincerely,
Erika Whittome
From: OIA Requests
kia ora Erika,
Please find attached our response to your official information request.
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
Visible links
1. https://www.health.govt.nz/about-ministr...
2. https://covid19.govt.nz/
From: Erika Whittome
Dear OIA Requests,
It appears the same response letter has been uploaded twice.
Please share the information on the authorised enforcement persons that was done in writing as per section 18 (2) of the Act https://www.legislation.govt.nz/act/publ...
Yours sincerely,
Erika Whittome
From: Erika Whittome
Dear OIA Requests,
There are functions and powers under section 18 (2) of the Act. Where and when those functions and powers were published?
Yours sincerely,
Erika Whittome
From: OIA Requests
Kia ora Erika,
Thank you for your request for official information. The reference number
for your request is: H2024040530
As required under the Official Information Act 1982, Manatū Hauora will
endeavour to respond to your request no later than 20 working days after
the day your request was received. If you'd like to calculate the
timeframe, you can use the Ombudsman's online calculator
here: [1]http://www.ombudsman.parliament.nz/
If you have any queries, please feel free to contact the OIA Services Team
on [2][email address]. If any additional factors come to light which
are relevant to your request, please do not hesitate to contact us so that
these can be taken into account.
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: [3][email address] or by calling 0800
802 602.
Ngā mihi
OIA Services Team
[4]Ministry of Health information releases
show quoted sections
From: OIA Requests
Kia ora Erika,
Please see attached Response letter and Document Binder to answer your
official information request.
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
Visible links
1. https://www.health.govt.nz/about-ministr...
2. https://covid19.govt.nz/
From: Erika Whittome
Dear Mr Knipe,
Thank you for your response in which you share what appear to be functions and powers under section 18 (2) of the Act.
The second part of my request for information has not been provided.
Where and when were those functions and powers published? How were the functions and powers notified? Where's the gazette notices, please and date?
Yours sincerely,
Erika Whittome
From: OIA Requests
Kia ora Erika,
Thanks for your follow up question. Copies of the authorisations were
provided to you.
The functions and powers are as set out in the Covid-19 Public Health
Response Act 2020 (the Act) and the instruments provided.
There is no requirement for such authorisations to be published or
gazetted under the Act.
Ngā mihi
OIA Services Team
Manatū Hauora | Ministry of Health
M[1]inistry of Health information releases
U[2]nite against COVID-19
--------------------------------------------------------------------------
From: Erika Whittome <[FOI #26171 email]>
Sent: Tuesday, 28 May 2024 09:42
To: OIA Requests <[email address]>
Subject: Re: Response to your official information request ref:
H2024040530 CRM:0294317
Dear Mr Knipe,
Thank you for your response in which you share what appear to be functions
and powers under section 18 (2) of the Act.
The second part of my request for information has not been provided.
Where and when were those functions and powers published? How were the
functions and powers notified? Where's the gazette notices, please and
date?
Yours sincerely,
Erika Whittome
show quoted sections
From: Erika Whittome
Dear OIA Requests,
I am not asking for information on what the requirements are for such authorisations to be published or
gazetted under the Act.
I am asking how the authorizations were promulgated. Where and when were those functions and powers published? How were the
functions and powers notified? Where's the gazette notices, please and
date?
Yours sincerely,
Erika Whittome
From: OIA Requests
Kia ora Erika,
Thank you for your request for official information. The reference number
for your request is: H2024043417
As required under the Official Information Act 1982, Manatū Hauora will
endeavour to respond to your request no later than 20 working days after
the day your request was received. If you'd like to calculate the
timeframe, you can use the Ombudsman's online calculator
here: [1]http://www.ombudsman.parliament.nz/
If you have any queries, please feel free to contact the OIA Services Team
on [2][email address]. If any additional factors come to light which
are relevant to your request, please do not hesitate to contact us so that
these can be taken into account.
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: [3][email address] or by calling 0800
802 602.
Ngā mihi
OIA Services Team
[4]Ministry of Health information releases
show quoted sections
From: OIA Requests
Tçnâ koe Erika
Response to your request for official information
Thank you for your requests under the Official Information Act 1982 (the
Act) to the Ministry of Health – Manatû Hauora (the Ministry) on 5 June
2024 for follow up information regarding your previous request (ref:
H2024040530). You requested:
The second part of my request for information has not been provided. Where
and when were those functions and powers published? How were the functions
and powers notified? Where's the gazette notices, please and date?
I am not asking for information on what the requirements are for such
authorisations to be published or gazetted under the Act. I am asking how
the authorizations were promulgated. Where and when were those functions
and powers published? How were the functions and powers notified? Where's
the gazette notices, please and date?”
The Ministry believes we have satisfied your information requests which
have been answered in our previous responses to you (refers: H2024040530,
H2024039112, H2024038079 & H2024035624). As we stated in our last response
ref: H2024040530 there was no requirement for such authorisations to be
published hence there was no publication or notification of these
authorisations.
The Ministry of Health stands by its decision and has nothing further to
add and at this point, any further requests for this information are
declined under section 18(h) of the Act as frivolous or vexatious.
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 Manatû Hauora website at:
[1]www.health.govt.nz/about-ministry/information-releases/responses-official-information-act-requests.
Nâku noa, nâ
OIA Services Team
Manatû Hauora | Ministry of Health
M[2]inistry of Health information releases
U[3]nite against COVID-19
show quoted sections
References
Visible links
1. http://www.health.govt.nz/about-ministry...
2. https://www.health.govt.nz/about-ministr...
3. https://covid19.govt.nz/
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