16 May 2024
C179663
Colin Whiting
[email address]
Tēnā koe Colin,
Thank you for your email of 19 March 2023 to the Department of Corrections – Ara
Poutama Aotearoa, requesting information about COVID-19 vaccination exemption clauses.
Your request has been considered under the Official Information Act 1982 (OIA).
You requested:
“…What process was used by Corrections for giving a Covid19 booster exemption to
fully vaccinated Corrections staff who returned to work, prior to the 15th May 2022
after recovering from contracting Covid19, and no longer testing positive for
Covid19?
Or did these staff just remain off work until 15th May 2022, and were subsequently
included in the 220 staff who 'returned to work' after the 15th May 2022, when the
new version of the 7A Exemption was enacted?...”
As you are aware, the Ministry of Health advised that people who tested positive for COVID-
19 should wait three months after they test positive before receiving their booster
vaccination.
This resulted in some frontline staff who were not yet boosted contracting COVID-19 and
passing their original individual deadline date to be boosted. Under the Vaccinations Order
prior to 15 May 2022, these staff had been unable to return to work inside the wire for up
to three months without a Ministry of Health temporary medical exemption, resulting in
staff needing to apply to the Ministry of Health for a temporary medical exemption.
On 15 May 2022, this was amended, and Corrections was able to authorise an affected
person to return to work. Where Corrections established it was safe and appropriate to do
so, staff members who passed their required booster date were able to continue to work
inside the wire while waiting to receive a booster. Any approved authorisation applied for
100 days following the staff member’s positive test.
NATIONAL OFFICE, WELLINGTON
Mayfair House, 44 – 52 The Terrace, Wellington, 6011, Private Box 1206, Wellington 6140,
Phone +64 4 460 3000
www.corrections.govt.nz
2
Those fully vaccinated staff who tested positive prior to the authorisation regime being
enacted were placed on special leave for a period of 14 days. During this 14-day period,
evidence was gathered and submitted to the Director General of the Ministry of Health to
approve the exemption. Fol owing the granting of an exemption, the person was permitted
to return to work fol owing that 14-day period and the date requirement to receive their
booster was extended for six months as per Ministry of Health advice.
All 220 staff referred to previously returned to work under the version of clause 7A that
came into force on 15 May 2022. This number also includes those who were granted a
temporary medical exemption prior to the 15 May at the discretion of the Director General
of the Ministry of Health.
Please note that this response may be published on Corrections’ website. Typical y,
responses are published quarterly, or as otherwise determined. Your personal information
including name and contact details will be removed for publication.
I trust the information provided is of assistance. I encourage you to raise any concerns
about this response with Corrections. Alternatively, you are advised of your right to also
raise any concerns with the Office of the Ombudsman. Contact details are: Office of the
Ombudsman, PO Box 10152, Wel ington 6143.
Ngā mihi
Leigh Marsh
Commissioner Custodial Services