133 Molesworth Street
PO Box 5013
Wellington 6140
New Zealand
T+64 4 496 2000
27 May 2024
Erika Whittome
By email: [FYI request #26171 email]
Ref:
H2024040530
Tēnā 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 – Manatū Hauora (the Ministry) on 30 April 2024 as a follow up to your previous OIA
response (reference H2024039112). You requested:
“There are functions and powers under section 18 (2) of the Act. Where and when those
functions and powers were published?”
And
“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 (i )the functions and
powers that may be carried out by the authorised enforcement person or class of persons;
and (i i)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.”
Ministry of Health staff were authorised by the Director-General of Health in accordance with
section 18(2) of the Covid-19 Public Health Response Act 2020. The relevant authorisations are
outlined in Appendix 1 and copies are enclosed. Where information is withheld, this is outlined
in the Appendix and noted in the document itself. Where information is withheld under section 9
of the Act, I have considered the countervailing public interest in releasing information and
consider that it does not outweigh the need to withhold at this time. Please note, there was no
requirement for such authorisations to be published.
If you wish to discuss any aspect of your request with us, including this decision, please feel
free to contact the OIA Services Team on:
[email address].
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
Manatū Hauora website at:
www.health.govt.nz/about-ministry/information-releases/responses-
official-information-act-requests.
Nāku noa, nā
Phil Knipe
Chief Legal Advisor/Privacy Officer
Government and Executive Services | Te Pou Whakatere Kāwanatanga
Page 2 of 3
Appendix 1: List of documents for release
#
Date
Document details
Decision on release
1
29 May 2021
COVID-19 PUBLIC HEALTH
Some information withheld
RESPONSE ACT 2020-
under section 9(2)(g)(i ) of the
SECTION 18 AUTHORISATION Act, to protect Ministers,
members of organisations,
officers, and employees from
improper pressure or
harassment.
2
29 May 2021
Evidence of Authorisation
COVID-19 PUBLIC HEALTH
3
13 July 2021
RESPONSE ACT 2020-
SECTION 18 AUTHORISATION
COVID-19 PUBLIC HEALTH
4
14 December 2021 RESPONSE ACT 2020-
SECTION 18 AUTHORISATION
5
14 December 2021 Evidence of Authorisation
6
10 April 2022
COVID-19 PUBLIC HEALTH
RESPONSE ACT 2020-
SECTION 18 AUTHORISATION
7
10 April 2022
Evidence of Authorisation
Page 3 of 3
Document 1
s 9(2)(a)
s 9(2)(a)
1982
ACT
INFORMATION
RELEASED UNDER THE
OFFICIAL
Document 2
s 9(2)(g)(ii)
1982
ACT
s 9(2)(g)(ii)
INFORMATION
RELEASED UNDER THE
OFFICIAL
MINISTRY OF
Document 3
HEALTH
COVID-19 PUBLIC HEAL TH RESPONSE ACT 2020
SECTION 18 AUTHORISATION
1. In accordance with section 18 of the COVID-19 Public Health Response Act 2020 ("the
Act"), I, Dr Ashley Bloomfield as Director-General of Health, authorises 9(2)(g)(ii)
s 9(2)(g)(ii)(EO010) - "the Appointee") who is employed or engaged by the Ministry of Health
("the Ministry") to carry out the functions and powers of an enforcement officer as further
described in this authorisation.
2. I am satisfied that the Appointee is a suitably qualified and trained person.
3. I authorise the Appointee to have all the powers of an enforcement officer under the Act
to enforce the COVID-19 Public Health Response (Required Testing) Order 2020 (or any
order that modifies, replaces or corresponds to that Order).
1982
4. This authorisation will take effect from
13 July 2021 and will continue to apply until
31
December 2021, unless earlier revoked in accordance with section 18( 4) of the Act.
Dated at Wellington
July 2021
ACT
Robyn Shearer
Acting Director-General of Health
INFORMATION
RELEASED UNDER THE
OFFICIAL
Page 1 of1
Document 4
s 9(2)(g)(ii)
s 9(2)(g)(ii)
1982
ACT
INFORMATION
RELEASED UNDER THE
OFFICIAL
Document 5
s 9(2)(g)(ii)
1982
ACT
INFORMATION
RELEASED UNDER THE
OFFICIAL
Document 6
s 9(2)(a)
s 9(2)(g)(ii)
1982
ACT
INFORMATION
RELEASED UNDER THE
OFFICIAL
Document 7
s 9(2)(g)(ii)
1982
ACT
INFORMATION
RELEASED UNDER THE
OFFICIAL
Document Outline