Reference: 20230540
1 February 2024
Chris Johnston
[FYI request #24922 email]
Dear Chris
Thank you for your Official Information Act request, received on 28 November 2023.
You requested the following:
The NZ Government provided some form of indemnity to the suppliers of the
COVID-19 vaccine.
(R1) Can you please provide the value of any liability that has been estimated
and/or placed on the government accounts should such indemnity need to be
exercised/used.
For example, the NZ Government may need to undertake one or more of the
following non exhaustive list of scenarios: (a) fund claims made to ACC that
caused it to need to be recapitalised, (b) directly defend or compensate injury
victims, or (c) where the suppliers require the NZ Government to defend them in
court for claims of negligence, fraud or malfeasance.
(R2) Please provide any Record (e.g. document/email) that discusses the
probability of such a liability clause causing a cost to the NZ Government, and/or
any financial estimate of the size of such costs. We can discuss limiting the time
period if there are too many documents, but if this discussion is to entered into
then you will need to provide a count and/or a list of the document titles from a
reasonably undertaken keyword search of your SharePoint or similar system, and
provide the keywords used.
(R3) Please provide any advice to the incoming government since the 2023
election night on options and policy recommendations around such a liability.
This can include formal documents and notes of Treasury officials in the
Ministerial briefings up to the point that this OIA is fulfilled.
On 15 January, I extended the deadline by 10 working days under section 15A of the
Official Information Act to allow for consultations required to make a decision on your
request.
Regarding question R1, please refer to the “information publicly available” table below
(specifically “Item 2”).
Regarding question R2, please refer to the “previously released documents” and
“information publicly available” tables below.
1 The Terrace
PO Box 3724
Wellington 6140
New Zealand
tel. +64-4-472-2733
https://treasury.govt.nz
The Treasury previously received an Official Information Act request for all notes and
documents relating to COVID-19 vaccine indemnities, and I refer you primarily to the
existing response to that request (“Item 1”).
I also refer you to “Item 3”, a summary statement outlining New Zealand’s approach
purchasing COVID-19 vaccines during the pandemic which was developed by the
Ministry of Health (Manatū Hauora), Pharmac, and the Treasury, and in consultation
with our vaccine suppliers (Pfizer/BioNTech, AstraZeneca, Novavax, and Janssen).
Specifically in reference to the probability of such a liability incurring a cost to the New
Zealand Government, the statement includes the following remark:
•
“The Accident Compensation Act 2001 already provides a broad immunity
from liability for adverse events arising from vaccines. Consequently,
indemnities provided to vaccine suppliers were concluded on the basis that
there are a very limited range of circumstances where they would be
triggered.”
Specifically in reference to estimates of the size of such a liability, the statement
includes the following remark:
•
“In relation to the Crown’s financial liabilities under COVID-19 indemnities,
officials considered the total maximum aggregated liabilities to be
unquantifiable. However, as the potential maximum exposure of each could
exceed $10 million, the Minister of Finance presented a statement to the
House of Representatives when each indemnity was granted under section
7 65ZD(3) of the Public Finance Act 1989.”
Regarding question R3, this request is refused under section 18(e) of the Official
Information Act:
• the document alleged to contain the information requested does not exist.
Previously released documents
The following information is covered by your request and is publicly available on the
Treasury website:
Item Date
Document Description
Website Address
1.
3 April 2023
OIA received 10 March 2023 –
https://www.treasury.govt.nz/
Vaccine indemnity
sites/default/files/2023-
06/oia-20230111.pdf
Accordingly, I have refused your request for the documents above under section 18(d)
of the Official Information Act:
• the information requested is or will soon be publicly available.
Information publicly available
The following information is covered by your request and is publicly available on the
Treasury website or the Ministry of Health (Manatū Hauora) website:
2
Item Date
Document Description
Website Address
Question(s)
2.
20 December
Half Year Economic and
https://www.treasury.govt.nz
R1
2023
Fiscal Update (+ supporting
/publications/efu/half-year-
documents)
economic-and-fiscal-
update-2023
3.
18 September
Summary statement of New
https://www.health.govt.nz/s
R2
2023
Zealand COVID-19 vaccine
ystem/files/documents/page
s/summary-statement-of-
procurement process and
new-zealand-government-
contracts with suppliers
contracts-with-the-covid-19-
suppliers.pdf
Accordingly, I have refused your request for the documents above under section 18(d)
of the Official Information Act:
• the information requested is or will soon be publicly available.
Please note that this letter (with your personal details removed) may be published on
the Treasury website.
This reply addresses the information you requested. You have the right to ask the
Ombudsman to investigate and review my decision.
Yours sincerely.
Jess Hewat
Manager, Health and ACC
3
