evidential, legal, and analytical material provided to Ministers and decision-makers when determining that public health measures were necessary for ‘safety’ or ‘protection’.

Official Information Act 1982

 To:

OIA Services

Ministry of Health – Manatū Hauora

Wellington, New Zealand

 Dated today

16 March 2026

 Request for Information Concerning Evidential Basis for Public Health Safety Decisions

 I make this request pursuant to the Official Information Act 1982.

 This request concerns the evidential, legal, and analytical material provided to Ministers and decision-makers when determining that public health measures were necessary for ‘safety’ or ‘protection’.

 The Ministry’s response dated 16 March 2026 (Ref: H2026078925) indicated that no single evidential threshold or generic guidance exists regarding such determinations.

 

 This request therefore seeks the actual decision materials relied upon in practice.

 

 1. Documents Provided to Ministers

Please provide copies of all documents, advice, briefings, reports, modelling, or analytical materials provided to any of the following decision-makers when considering public health safety measures:

• the Minister of Health

• Cabinet

• Cabinet Committees

• the Director-General of Health

 

Including but not limited to:

a. Cabinet papers

b. Ministerial briefings

c. scientific advisory reports

d. epidemiological modelling

e. risk assessments

f. legal advice summaries

g. regulatory impact statements

h. internal memoranda

 

2. Evidential Basis for Risk Determinations

Please provide any documents identifying:

a. the evidence relied upon to determine the existence of a public health risk sufficient to justify regulatory or compulsory measures;

b. the methodology used to evaluate risk, including probability of harm, severity of harm, and population impact;

c. any thresholds, criteria, or analytical frameworks used in determining that action was necessary.

 

3. Assessment of Potential Harms

Please provide documents analysing:

a. potential harms associated with the measures themselves;

b. risk–benefit analysis conducted prior to implementation;

c. modelling or projections relating to possible adverse outcomes.

 

4. Bill of Rights Analysis

Please provide all documents prepared for Ministers analysing the compatibility of proposed measures with the New Zealand Bill of Rights Act 1990, including:

• proportionality assessments

• legal advice

• section 5 justification analyses.

 

5. Consideration of Safety Signals or Data Concerns

Please provide any documents discussing:

a. safety signals or potential harm indicators arising from health data;

b. any internal review or analysis of claims or concerns regarding adverse outcomes;

c. communications between officials and Ministers relating to such concerns.

 

6. Decision Record

Please provide the formal record of decision-making, including:

• Cabinet minutes

• Ministerial directions

• Director-General determinations

• orders made under relevant legislation.

 

7. Search Requirements

For the avoidance of doubt, this request applies to documents held by:

• the Ministry of Health

• Health New Zealand / Te Whatu Ora

• any relevant advisory groups or scientific committees.

 

If any information is withheld, please identify:

• the specific statutory provision relied upon, and

• the public interest considerations applied.

 

8. Format

Electronic copies (PDF) are preferred.

 

9. Purpose

This request is made to clarify the evidential and legal basis relied upon when determining that public health measures were necessary for safety, particularly in circumstances where no generic evidential threshold or definition of safety has been identified.

 Tracy