2.2 Vaccine mandates | Whakature kano ārai mate

2.2.1 Introduction | Kupu whakataki

In this chapter we consider the key decisions made in 2021 and 2022 regarding vaccine mandates. Our interpretation of 'vaccine mandates' is consistent with the approach of Phase One of the Inquiry, which acknowledged the term was widely used to encompass occupational mandates, the mandates imposed by vaccine passes, and the facilitation of employer-based mandates through the Vaccination Assessment Tool (VAT). This approach also acknowledges the many submissions we received and engagements we held, in which people referred to mandates when discussing all or any of these tools used in the pandemic response.

The emergence of vaccines was a pivotal point in many countries' pandemic responses. Widespread immunisation was seen by many governments as a means of not only preventing death and serious illness, but also of preserving the capacity of national health systems and avoiding the use of burdensome interventions such as lockdowns. The New Zealand Government purchased enough doses of vaccine for the entire population to be vaccinated, delivered through a staged, nationwide vaccination programme. The Government encouraged everyone to get vaccinated.

In 2021, the Government also introduced a series of requirements for people to demonstrate they had been vaccinated in order to work in specified roles or to access particular venues or events. These requirements took three forms:

• Occupational vaccine mandates – these covered border workers (through an Order and an amendment), workers in the health and care sector, the education sector, fire and emergency staff, Department of Corrections staff, police officers and recruits, and members of the New Zealand Defence Force.
• A Vaccination Assessment Tool – set out in regulations, this laid out circumstances in which an employer could require their employees to be vaccinated.
• A vaccine pass scheme – this required a person to show a vaccine pass proving they had been vaccinated in order to access particular events and venues, together with a requirement that staff working in those venues be vaccinated.

These requirements were given legal force by Orders made by Ministers under the COVID-19 Public Health Response Act 2020 or by regulations made by the Governor-General. These actions were often preceded by Cabinet policy decisions.

All of the vaccination requirements were progressively removed over 2022.

2.2.2 The effects of mandates | Ngā pānga o ngā whakature

My son could not attend or participate in certain events and activities and as a result missed out on opportunities and lost his motivation for professional sports as a career and future aspirations (specifically in cricket and football/soccer).
35–44-year-old Pākehā female, Canterbury ³⁸⁵

As the Phase One report observed, the use of mandatory measures, such as vaccination requirements, were some of the most controversial aspects of the pandemic response and affected trust and social cohesion in ways that may make future pandemic responses more difficult. ³⁸⁴

Meanwhile, I was excluded from every-day public life. I was unable to take my child to places their friends were going: libraries, public toilets, and other facilities, despite being at no greater risk than anyone else. In fact, I was more conscientious than most, staying home if I had symptoms, while vaccinated individuals with valid passes were freely moving about while visibly sick. The hypocrisy was staggering. My child couldn't understand why they were being treated as less than.
35–44-year-old Pākehā male, Auckland ³⁸⁶

This sentiment came through strongly in our work. We heard from many people, both through our direct engagements and public submissions, about the harms they experienced. Many people felt excluded or stigmatised, and lost relationships and other sources of wellbeing.

I still have a daughter who won't talk much to me. It has done irreversible damage to my family. My in-laws wouldn't talk to me. My sisters and brothers in law wouldn't talk to me. I will never ever forget and forgive those in power for ostracising me for not choosing to take a vaccine that I knew wasn't safe for my body and that I didn't need.
55–64-year-old Pākehā female, Hawke's Bay ³⁸⁷

Others felt coerced into taking the vaccines, despite their preferences.

I was stood down in my job (as I work for the health sector) as I refused to take the COVID-19 injection. Each day of the 15 days I have cried as I did not want to take something like this injection… You can imagine what trauma I went through. I have to pay my mortgage, pay the bills etc. I had to decide – keep my job or die of hunger. I kept my job. I went to take the injection.
55–64-year-old female, Auckland ³⁸⁸

The strong reaction against vaccination requirements by some people in New Zealand mirrored the experience of other countries. For example, the Inquiry into Australia's COVID-19 response reported that 'broad opposition to vaccine mandates is one of the clearest findings from focus groups and surveys conducted by the inquiry. Mandates were described as a heavy-handed and controlling response which lacked scientific justification.' ³⁹⁰ Many countries, including New Zealand, experienced protests against vaccination requirements.

Yet many of the vaccination requirements introduced in New Zealand were welcomed by substantial majorities of the population. A 1News opinion poll conducted in November 2021 found that 74 percent of respondents supported the occupational mandates, ³⁹¹ and a Kantar poll conducted in March 2022 found that 65 percent were in favour of the mandates. ³⁹² Regular polling was conducted to inform the Government about public sentiment and compliance. One report found that 60 percent of people in December 2021 ³⁹³ and 66 percent of people in January 2022 ³⁹⁴ agreed with the statement 'It is fair to have different rules for vaccinated and unvaccinated people.' Particularly during the transition out of the elimination strategy, many people felt reassured by vaccination requirements, believing that they made them safer, enabled them to return to work, keep their businesses open and resume social activities.³⁹⁵

Vaccination requirements involve difficult trade-offs. On the one hand, they engage and limit some fundamental rights and freedoms protected by the New Zealand Bill of Rights Act 1990, such as the right to refuse medical treatment and the rights to freedom of movement and association (particularly for the vaccine pass system). However, the Government has a responsibility to protect public health. Individual rights can also be subject to 'reasonable limitations prescribed by law as can be demonstrably justified in a free and democratic society'. ³⁹⁶ Many of the vaccination requirements discussed in this chapter were challenged through judicial review and almost all were upheld in the courts.

I endured two mandated vaccinations due to my financial situation, having a family to support and facing the harsh reality of not being able to provide if I lost my job. I still struggle to come to terms with the forced vaccination, it really affected my mental health. Being violated in the worst sense. We are told that it is our body our choice and 'No' means 'No'. But not in this instance to be forced into a corner and become part of the biggest medical experiment of our time.
No demographic information provided ³⁸⁹

Phase One of the Inquiry found that it was reasonable to introduce some targeted vaccine requirements based on the information available at the time, but some requirements were applied more broadly than originally envisaged. Phase One also found that the case for vaccination requirements became weaker once Omicron became the dominant variant and that, while some people found the requirements reassuring, they had wider social and economic consequences such as eroded trust and social cohesion. ³⁹⁷

2.2.3 What happened – occupational vaccine mandates | Ngā mea i pā – ngā whakature kano ārai mate ā-umanga 

 

Table 2: Key decisions on occupational vaccine mandates
Date	Decision	Decision maker
28 April 2021	Order to apply a vaccine mandate to Managed Isolation and Quarantine (MIQ) staff, and government workers at the border	Associate Minister of Health
8 July 2021	Order extending the border worker mandate to a broader set of MIQ and border workers (most maritime and aviation border workers)	Minister for COVID-19 Response
22 October 2021	Order extending mandates to education, healthcare and prison staff	Minister for COVID-19 Response
13 December 2022	Order applying a vaccine mandate to Defence Force staff, Police constables and recruits	Minister for Workplace Relations and Safety
21 March 2022	Policy to remove vaccine mandates for workers in education settings	Cabinet
25 May 2022	Policy to remove mandates for border workers	Minister for COVID-19 Response
30 June 2022	Agreement to Order removing vaccine mandates for border and prison workers, and some healthcare workers	Minister for COVID-19 Response
6 September 2022	Order removing vaccine mandates for remaining healthcare and aged care workers.	Minister for COVID-19 Response

209. The above table sets out the Orders relating to the imposition of occupational vaccine mandates, and the Minister responsible for the Order. All these key decisions were informed by earlier policy decisions and briefings, including Cabinet papers and departmental briefing papers.

2.2.3.1 The first mandates were applied to a tightly defined group of border workers | Ko ngā whakature tuatahi i pā ki tētahi rōpū tino whāiti o ngā kaimahi ā-taitapa

 
The first mandate Order was made on 28 April 2021 by the Associate Minister of Health and applied to employees (mostly in the public sector) who worked in high-risk roles at the border including:

• workers at MIQ facilities, or those who transported people to or from MIQ facilities
• airside government officials, including those who interacted with international arriving or international transiting passengers (other than passengers arriving on quarantine-free flights)
• government officials who boarded international ships, or who worked at a port and who interacted with a person or people who were required to be in isolation or quarantine, and
• cabin crew who worked in planes on domestic flights within New Zealand that carried international arrivals or transiting passengers that had not completed MIQ.³⁹⁸

While the key decision was made by the Minister, earlier policy decisions and advice informed the final decision.

The Order came into force on 30 April 2021 and took effect on 1 May. Only people who had 'received two injections of the Pfizer/BioNTech COVID-19 vaccine' were permitted to carry out work. ³⁹⁹

At this time, New Zealand had no community transmission and had effectively kept COVID-19 out of the country through tight border controls for the better part of a year. The biggest risk to the health system was that COVID-19 would be transmitted to the community from someone at the border.

The decision was based on advice from the Ministry of Health, which stated there was a:

Public health rationale for requiring that specified roles only be undertaken by vaccinated people, in response to the current pandemic. This is due to the risk that these individuals may be exposed to, and infected by, COVID-19 during their work. Vaccines provide another layer of individual protection and, in doing so, may also be effective in preventing transmission in the community.⁴⁰⁰

Earlier advice from the Ministry of Health had noted that, while evidence 'of the efficacy of vaccines in preventing person-to-person transmission is still evolving … vaccination has a clinically relevant impact on reducing the risk of transmission'. ⁴⁰¹

The first amendment to the vaccination mandate Order was made by the Minister for COVID-19 Response on 8 July 2021, following earlier policy decisions and advice that informed the final decision. It covered a broader range of border workers, including those employed mostly by private companies. It required vaccination for all people who carried out:

• all work at MIQFs [Managed Isolation and Quarantine Facilities] and MIFs [Managed Isolation Facilities]
• all work in airside areas of affected airports, and some other higher risk work at airports
• certain higher risk work at affected ports
• work conducted at accommodation services where specified aircrew members are self-isolating
• work that involves handling affected items removed from ships, aircraft or MIQFs or MIFs, where the worker works for a PCBU [Place Conducting a Business or Undertaking] routinely engaged to provide services for an aircraft, ship, MIQF or MIF, and "has contact with" persons who belong to different groups in the Order' ⁴⁰²

The Ministry of Health advanced the same public health advice it had offered in support of the first border mandate but noted that the mandate 'may not be required indefinitely into the future, as information about disease transmission and population immunity may change.' ⁴⁰³ The Ministry recommended reviewing the Order in the first quarter of 2022. ⁴⁰⁴ The amended Order also enabled the Minister to grant exemptions from the mandate, including medical exemptions and where exemptions were necessary to 'avoid significant negative economic impacts arising from the disruption of the supply chain'. ⁴⁰⁵

2.2.3.2 Later mandates were applied to a much wider group of workers in different sectors | I muri mai, i tukuna ngā whakature ki tētahi rōpū whānui ake o ngā kaimahi puta noa i ngā rāngai maha

 
The remaining occupational mandates were made in a different strategic context. On 18 October 2021, Cabinet agreed to 'shift the focus' of the Government's pandemic response 'from elimination to an approach based on minimisation and protection.' ⁴⁰⁶ By this time, New Zealand was struggling to contain an active outbreak of the Delta variant, and parts of the country had been in lockdown for two months.

During this period, modelling conducted to inform policy decisions suggested that New Zealand could face a large increase in cases and hospitalisations if it eased controls, putting strain on the health system. Drawing on the experience of recent outbreaks in Victoria, New South Wales and Singapore, the modelling outlined three broad scenarios New Zealand could face – 'optimistic' (in which case numbers held steady), 'middle' (in which case numbers grew gradually) and 'pessimistic' (in which cases grew rapidly). Actual hospitalisation and intensive care unit numbers in late October indicated that New Zealand's Delta outbreak was tracking somewhere between the 'middle' and 'pessimistic' scenarios. ⁴⁰⁷

In the absence of lockdowns, which the new COVID-19 Protection Framework aimed to avoid, officials and Cabinet were anxious to ensure sufficient measures were in place to control the spread of the pandemic and prevent the health system from being overwhelmed. This concern set the scene for the following occupational mandates.

The health, prison and education mandates were intended to protect people and public services

The third occupational mandate Order was made on 22 October 2021 by the Minister for COVID-19 Response. It followed earlier Cabinet decisions on 11 and 18 October 2021 to expand the breadth of mandates.⁴⁰⁸ The third Order required the following people to be vaccinated:

• health practitioners
• workers who work at a workplace where health services are provided by 1 or more health practitioners, and whose role involves being within 2 metres or less of a health practitioner or any member of the public for a period of 15 minutes or more
• workers employed or engaged by certified providers [of healthcare services]
• care and support workers
• any worker of a prison who is required to undergo a security screening process before being allowed entry into prison
• workers over the age of 12 years who carry out work at or for an affected education service⁴⁰⁹ (including as a volunteer worker or an unpaid worker) and who:
  • may have contact with children or students in the course of carrying out the work, or
  • will be present at the affected education services at a time when children or students are also present
• providers of a home-based education and care service.⁴¹⁰

The mandate also applied to Fire and Emergency New Zealand fire service employees, as they were captured by the second and third bullet points above. About 460,000 employees were covered by this Order.⁴¹¹

The Order came into effect at 11:59pm on 25 October 2021 ^412. Prison workers were required to get their first vaccine dose by 6 November and their second dose by 8 December. Health, disability and education workers were obliged to receive their first dose by 15 November, and their second dose by 1 January 2022. ⁴¹³ Following a request from Fire and Emergency New Zealand noting the large number of volunteers who would need to understand the requirements, the Minister for COVID-19 Response agreed to amend the Order so that fire and emergency personnel had more time to meet their vaccination requirements. Their deadlines were moved to the close of 29 November 2021 for the first dose, and 14 January 2022 for their second dose. ⁴¹⁴

On 4 November, the Minister for COVID-19 Response agreed to amend the COVID-19 Public Health Response (Vaccinations) Order 2021. This was to expand the scope of the healthcare mandate to include 'care and support workers living in the same house as the person they are providing services to.' ⁴¹⁵ This had the effect of requiring carers, who were family members of patients, to be vaccinated or lose their income for caring for their family member, while still caring for them. The extension of the mandate to family carers was revoked before judicial review proceedings were completed in which the High Court declared the extension to be unlawful. ⁴¹⁶

The Cabinet paper seeking agreement to extend vaccination requirements to health and disability sector workers noted that they 'provide critical health and support services to our most vulnerable population. This population is likely to be at a higher risk of exposure to COVID-19, particularly in the event of an outbreak.' ⁴¹⁷

Vaccination was also judged to help protect vulnerable clients, 'who are at greater risk of being hospitalised due to COVID-19'. ⁴¹⁸ Although voluntary immunisation levels in the sector were already high, the paper stated that the 'highest possible uptake of vaccination supports the health and disability system to remain resilient and to minimise disruption to the health service, allowing health services to be maintained with as little disruption as possible.' ⁴¹⁹

In the case of prison workers, the relevant Cabinet paper stated that people in prison 'are some of the most vulnerable to COVID-19, due to the ease of transmission that COVID-19 can have in prisons, and the existing health vulnerabilities of the prison population.' ⁴²⁰ A risk assessment by the Department of Corrections had found prisons to be a 'very high' risk environment, and concluded that existing controls 'such as the use of PPE will not reduce the risk sufficiently'.⁴²¹ Vaccination was therefore judged to be a 'critical tool reducing the risk of COVID-19 outbreaks in prison and justify any limitation there is on rights under the Bill of Rights Act'.⁴²²

2.2.3.3 The education mandate aimed to protect children and encourage school attendance | Ko te whāinga o te whakature mātauranga, he tiaki i ngā tamariki, he whakahau hoki i te hoki ki te kura

 
The education worker mandate aimed to protect children and young people from infection. At the time the mandate decisions were being made, children under 12 were not eligible for vaccination and 12–17 year olds 'were amongst the last group of New Zealanders to become eligible' and so had low levels of immunisation. ⁴²³ The Cabinet paper seeking approval for the education sector mandate also noted that providing this greater level of protection would enable schools to remain open where there were COVID-19 cases or reduced public health measures in place, helping 'good educational outcomes'. ⁴²⁴ The education occupational mandate also explicitly aimed to avoid further disruption to children's educational attainment, by facilitating face-to-face learning and giving parents confidence to send their children to school. ⁴²⁵

The education occupational mandate required 'workers over the age of 12 years who carry out work at or for an affected education service (including as a volunteer or an unpaid worker)' to be "fully vaccinated" – that is, to have received two doses. ⁴²⁶ After the mandate was put in place, the issue of young workers was the subject of further advice from the COVID-19 Technical Advisory Group to the Ministry of Health.

On 5 November 2021, as part of a paper provided to the Ministry of Health titled 'New Zealand definition of fully vaccinated for use inside the New Zealand border', which dealt with a range of advice about how fully vaccinated should be defined, the Technical Advisory Group noted that:

Younger aged groups are more at risk than older age groups of myocarditis after the second dose of Pfizer vaccine, while a robust antibody response and early limited clinical effectiveness data indicate some protection from COVID-19 after a single dose of Pfizer vaccine in these younger age groups.
[and]
CV TAG is concerned about vaccine mandates requiring younger age groups (e.g. <18 years) to be fully vaccinated. Consideration should be given to permitting younger people who have had one dose to be permitted to work or undertake other activities covered by the mandate. ⁴²⁷

On 9 December 2021, the Technical Advisory Group sent further advice to the Ministry of Health titled 'COVID-19 Vaccine Technical Advisory Group (CV TAG) position statement: Vaccination mandates in those under 18 years of age.' ⁴²⁸ This paper referred to the earlier 5 November advice and reiterated the comments above. The advice further stated (in paragraph 9) that:

a. The individual risk to young people of severe disease is very low. For them to make an informed decision not to get a second dose of the vaccine eg, due to potential myocarditis risk is justified. 
b. Risks associated with the transmission of COVID-19 throughout Aotearoa New Zealand among those aged under 18 are insufficient to justify mandating a 2 dose schedule of the Pfizer vaccine prior to working in any environment. 
c. The 2 dose schedule, particularly when administered in the shortest possible clinical timeframe, may add unnecessary risk to increasing the likelihood of myocarditis as an outcome in this population. ⁴²⁹

The COVID-19 Vaccine Technical Advisory Group recommended to the Ministry of Health that consideration be given to '(t)hose aged under 18 years only being required to have received 1 dose of Pfizer vaccine to meet the vaccine requirements for employment.'⁴³⁰

On 22 December 2021 the Ministry of Health provided a briefing paper to Hon. Chris Hipkins, Minister for COVID-19 Response, titled 'Policy decisions required for further amendments to the COVID-19 Public Health Response (Vaccinations) Order (No 7) 2021.' ⁴³¹  This paper was considered by Hon. Dr Ayesha Verrall, Associate Minister of Health, on 7 January 2022.

Paragraph 23 of this paper stated that:

In November 2021, CV TAG has raised concerns about vaccine mandates requiring younger age groups (e.g. those under 18 years) to be fully vaccinated. Consideration should be given to permitting younger people who have had one dose to be permitted to work or undertake other activities covered by the mandate.

The Minister's comments in the margin on this paragraph were 'CV TAG's concerns, at the time, were about insufficient data on safety of second dose'.⁴³²

The paper's recommendations covered other vaccine-related matters and do not address the issue of those under 18 years receiving only one dose of the Pfizer vaccine. The paper does not provide any discussion, beyond the 5 November Technical Advisory Group advice, of the matter or its implications (for example, for the education sector vaccine mandate or the vaccine pass requirements).

The paper to Ministers from the Director-General of Health on 22 December 2021 refers only to the November advice from the Technical Advisory Group. There are no records of the 9 December advice from the Technical Advisory Group being provided to Ministers. We accept that the comments of the 22 December paper confirm Minister Verrall was aware of the Technical Advisory Group's general concerns, but consider that the 9 December advice was different in substance to the November advice that was conveyed to Ministers in the 22 December paper.

We find that the more complete and firmer advice of 9 December from the COVID-19 Vaccine Technical Advisory Group to the Ministry of Health, advising against requiring two doses for 12–17-year olds, was not provided to Ministers. Ministers we interviewed could not recall receiving that advice, nor is there any evidence it was provided to them in the material we obtained from agencies. This issue is discussed further in section 2.2.6.5

2.2.3.4 The Police and Defence Force mandates were not justified by public health grounds alone, but also for ensuring continuity of essential services

Kāore ngā whakature o te Pirihimana me te Ope Taua i parahautia e ngā take hauora tūmatanui anake,engari i ū mai hoki hei whakarite kia haere tonu ngā ratonga matua 

 
The final two occupational mandates came into force following the introduction of the COVID-19 Protection Framework in December 2021. The Auckland lockdown had ended, and national vaccination coverage levels were high and rising.

On 25 November 2021, Parliament passed the COVID-19 Public Health (Vaccinations) Legislation Act under urgency. This legislation expanded the basis for which mandates could be made. Previously, mandates were only able to be made where justified for public health reasons. This amendment allowed the responsible Minister⁴³³ to make an Order if satisfied that it was 'in the public interest and that the Order is appropriate to achieve the purposes of the Act'. ⁴³⁴ Public interest was defined as including '(without limitation) –

• ensuring continuity of services that are essential for public safety, national defence, or crisis response
• supporting the continued provision of lifeline utilities or other essential services
• maintaining trust in public services
• maintaining access to overseas markets.⁴³⁵

This change followed advice 'that it is not justified to mandate vaccination for any other workforces at this stage on public health grounds alone.' ⁴³⁶

The introduction of occupational mandates for the Police and Defence Forces followed a Cabinet decision on 26 October 2021, which invited the Minister for the Public Service, Minister for Economic and Regional Development and Minister for Workplace Relations and Safety 'to consider whether any additional work should be subject to vaccination … mandates.'⁴³⁷ Following consultation with Ministers, agencies and other stakeholders, the Minister for Workplace Relations and Safety sought Cabinet approval on 22 November to make an order mandating vaccination for:

• constabulary (sworn members), police recruits, and authorised officers of the New Zealand Police, and
• the Armed Forces (that is, uniformed members of NZDF) and civilian (including contracted) NZDF staff. ⁴³⁸

The Police mandate was more narrowly defined than the Defence Force mandate. This reflected the different nature of the two forces and how they operated. The Police mandate targeted the 'frontline workforce', who 'are particularly trained to deal with a wide range of situations' and 'must therefore be ready to respond to critical incidents and emergencies, including the deployment of recruits in some circumstances.' ⁴³⁹ This narrow approach was not Police's preferred option, who maintained that a mandate should apply to all police work, to minimise the risk of services being affected by non-constabulary workers or Police College staff contracting the virus. ⁴⁴⁰

In comparison, the Defence Force mandate covered all staff, on the grounds that the Defence Force 'is a blended workforce', which 'operates flexibly, with military personnel able to move quickly between support and frontline roles in response to an emergency, and with civilian staff backfilling in support.' ⁴⁴¹ The Cabinet paper also noted 'interaction between armed forces, civilians, contractors and other third parties on defence property', which it argued reinforced the case for a universal mandate. ⁴⁴²

The Minister considered that both mandates were justified on public interest grounds. The Police were described as having a 'key role in maintaining public safety and enforcing laws. They are part of our national security architecture and play a role in our emergency management and crisis responses…. A fully-functioning Police service ensures our communities are safe and feel safe.' ⁴⁴³ The Defence Force played 'a key role in our overall public health response to COVID-19. The Defence Force assists Police at regional boundaries and supports the Ministry of Business, Innovation and Employment to resource MIQ facilities. The Defence Force is also tasked with providing any public service and aid to the civil power in times of emergency.' ⁴⁴⁴

Unvaccinated Police workers were 'more likely to contract and transmit COVID-19 and become more seriously ill or require longer time in isolation if exposed.' ⁴⁴⁵ Higher rates of sick leave would impair the delivery of policing services, especially if staff in specialist units were affected. ⁴⁴⁶

Ministers told us they initially pushed back 'quite hard' on these proposed mandates, because they 'knew that they were right at the margins'. ⁴⁴⁷ However, Ministers also faced representations from the New Zealand Police Commissioner and the Chief of Defence Force about the risks from having deployable police and military numbers depleted by the pandemic.

The Order giving effect to these decisions was made by the Minister for Workplace Relations and Safety on 13 December 2021, and came into force at 11.59pm on 15 December. Affected workers were required to have their first vaccine dose before the close of 16 January 2022, and their second dose before the close of 28 February 2022. ⁴⁴⁸

Both mandates were challenged in the High Court, which found that they did not 'involve a reasonable limit on the applicants' rights that can be demonstrably justified in a free and democratic society' and were unlawful. ⁴⁴⁹ A subsequent mandate for the Defence Force imposed internally by the Chief of Defence Force, and added to an existing vaccination schedule, was upheld by the Supreme Court. ⁴⁵⁰

2.2.3.5 Exemptions from the mandates were limited

He iti noa ngā whakawātea i raro i ngā whakature

 
The Government made provision for exemptions from most mandates on two grounds – clinical exemptions (where people had medical reasons not to be vaccinated) and exemptions to prevent significant disruption to essential services. Between 14 July and 7 November 2021, clinical exemptions could be obtained if a 'suitably qualified health practitioner' had, on examining the affected person, determined the vaccination would be 'inappropriate'. ⁴⁵¹

The Government took steps to tighten clinical exemptions on 4 November 2021, centralising the exemption process in the Ministry of Health and voiding all exemptions obtained before 7 November. ⁴⁵² From this point on, applications for exemptions were considered by an expert approvals panel established by the Ministry of Health. Applicants had to first be examined by a health practitioner, who would determine whether the individual met a specified clinical contraindication. ⁴⁵³ The panel would then assess the applications and make recommendations to the Director-General of Health. ⁴⁵⁴ The former Director-General told us that having a nationally-consistent process for assessing exemption applications was a 'paramount consideration'. ⁴⁵⁵

This move was supported by the Dental Council and the New Zealand Medical Association. The Association wrote to the Minister for COVID-19 Response and Minister of Health on 28 October expressing concerns about some doctors providing exemptions that were 'outside the guidelines set for acceptable clinical reasons.' ⁴⁵⁶

The 'significant disruption' exemptions were designed to prevent key services being put at risk, and were available for essential supply chains, health services and prisons. ⁴⁵⁷ The Minister of Health granted 102 'significant disruption' exemptions, covering more than 8,000 healthcare workers. ⁴⁵⁸ These exemptions were temporary, and largely aimed at providing more time for staff to get vaccinated. ⁴⁵⁹ A temporary exemption process was available between 7 November 2021 and 1 January 2022 for student hostels and registered schools, designed to provide 'more flexibility for employers to manage [education] staff ahead of 1 January 2022 [when all staff would need to be vaccinated with two doses], and to ensure the continuity of face-to-face learning for children and students.' ⁴⁶⁰ No further provision was made in the mandate Order for significant disruption exemptions for education services after this point.

A number of submitters to the Inquiry said that the exemption system was too narrow.

I had suffered allergy issues in 2019 and knew that it was risky to inject a foreign substance. I heard exemptions were not given even for anaphylaxis, so believe the Government was wrong to disregard people's issues.
55–64 year old Pākehā female, Waikato ⁴⁶¹

Vaccine exemptions – a complete joke. I applied for exemptions 3 times – each time denied. Without consult, without knowledge of my situation, a person in an office in Wellington decided that they knew my body better than myself or my doctor/specialists.
45–54 year old Pākehā female, Bay of Plenty ⁴⁶²

Despite these ongoing issues, I was informed that my exemption request was denied, as the medical professionals involved determined that there was no "permanent damage" to my heart. Consequently, I was unable to retain my job at Te Whatu Ora, as I was not considered "fully vaccinated" and refused the booster shot.
35–44-year-old female, Hawke's Bay ⁴⁶³

We heard from Sir Ashley Bloomfield that the 'general principle' applied to exemptions was that 'the bar should be quite high to help support the integrity...of the policy decision.' Dame Jacinda Ardern told us that the implementation of the exemption system did not always operate 'appropriately' and that 'there were people who should have been granted exemptions who were not'. ⁴⁶⁵

2.2.3.6 The mandates were progressively removed, following widespread community transmission of Omicron

I āta wetekina ngā whakature, whai muri i te horapa whānui o Omicron i te hapori 

 
The occupational mandates had been developed when there was either no community transmission in New Zealand, or where Delta was the predominant variant. In January 2022, the first community case of the Omicron variant was detected. ⁴⁶⁶ Omicron was much more transmissible than earlier variants and spread rapidly through New Zealand. At the peak of the outbreak in early March 2022, there were more than 20,000 daily new confirmed cases in the community. ⁴⁶⁷

The growing prevalence of the Omicron variant was a key factor in justifying the removal of the occupational mandates. Widespread transmission and infection meant levels of natural immunity were rising in the community. Omicron was less severe than earlier variants, meaning that the risk of hospitalisation and death was lower.

All of the vaccination requirements rested, at least in part, on the understanding that the COVID-19 vaccines would be effective in preventing infection, severe illness, hospitalisation and transmission. Towards the end of 2021, vaccine effectiveness in preventing infection and transmission appeared to be waning. ⁴⁶⁸ To address these developments, Cabinet agreed on 20 December 2021 to require border, MIQ, Managed Isolation Facilities (MIF) and healthcare workers to receive a booster dose to restore protection for the vaccinated. ⁴⁶⁹

By the time Omicron entered the New Zealand community in January 2022, there was evidence that the vaccines were less effective against the variant. This prompted a progressive revisiting of vaccine requirements and ultimately contributed to Cabinet's decisions to revoke them.

2.2.3.7 The education mandate was the first to be removed by Cabinet

Ko te whakature mātauranga te mea tuatahi i wetekina e te Kahui Minita

 
The first reviews of the mandates took place in early 2022. On 21 March 2022, Cabinet considered a paper from the Associate Minister for COVID-19 Response, seeking to retain 'a simplified and less restrictive Framework in the post-peak phase of the response … until at least August 2022.' ⁴⁷⁰ The Associate Minister argued this was justified because vaccination rates were high, natural immunity levels were developing, and the pressure on the health system was likely to ease soon. It was also important 'to remove restrictions unless they are justified, proportionate and the best option to manage public health risks.' ⁴⁷¹

In the case of vaccine mandates, the Associate Minister noted that she had sought advice from the Strategic Public Health Advisory Group, an independent group of public health experts. The Group had advised that the case for retaining mandates was now 'more finely balanced' but recommended that the mandates (including booster requirements) be kept for health, disability and aged care workers, prison staff and border and MIQ workers, because of 'exposure and transmission risks'. ⁴⁷²

The Group concluded the education mandates could be dropped after the Omicron peak had passed, but noted that mandates should be reviewed in future in case there was an additional surge of cases or a more dangerous new variant emerged. ⁴⁷³  Advice from officials supported the retention of the prison, MIQ and health mandates, and noted that the protection offered to children from education mandates had been reduced by the wide circulation of Omicron in the community. ⁴⁷⁴

Cabinet agreed to remove the education mandates at 11:59pm on 4 April 2022 and directed the Ministry of Health and Department of Corrections to report back by early April with a review of their mandates 'with a view to narrowing the [health] workers to which it applies, if appropriate'. ⁴⁷⁵ The remaining mandates would be reviewed by 27 June and 26 September. ⁴⁷⁶

2.2.3.8 Cabinet agreed to revoke the border mandate soon after, but implementation was slow

I whakaae te Kāhui Minita ki te whakakore i te whakature ā–taitapa i muri tata mai, engari he pōturi te whakatinanatanga

 
The review of the border worker mandate was completed earlier than the June deadline, with the Ministry of Health providing advice to the Minister for COVID-19 Response on 19 May 2022. The advice stated that there was 'no longer a clear public health rationale' for the mandate, given that border workers 'are currently at no greater risk in their work setting than in the community'. ⁴⁷⁷ Vaccination rates were high, the incidence of COVID-19 in the workforce was low and resources of employers could be more efficiently used through 'internal policies and health and safety practices'. ⁴⁷⁸ The Ministry therefore recommended revoking the mandate for border workers. Cabinet agreed soon after. However, this was not given effect for some time, in part because other decisions were being made about whether to include other groups in the revocation. The Minister agreed to revoke the border mandate on 25 May 2022, ⁴⁷⁹ but the Order giving effect to this decision was not sent to the Minister for signature until 29 June. ⁴⁸⁰ The mandate was revoked with effect from 11:59pm on 2 July 2022.

2.2.3.9 The prison mandate was revoked at the same time as the border worker mandate

I whakakorea te whakature whare herehere i taua wā anō i whakakorea ai te whakature ā-taitapa mō ngā kaimahi

 
The Order sent to the Minister for COVID-19 Response on 29 June also revoked the mandate for prison workers. This followed advice from the Department of Corrections to the Minister of Corrections and Minister for COVID-19 Response on 16 June. The Department had conducted a COVID-19 risk assessment for prisons in May and concluded that it was no longer justifiable to include prison workers in the Vaccination Order. ⁴⁸¹ The assessment found that it could be reasonable to continue to require vaccination for a narrower range of prison workers who had 'regular, face-to-face contact with prisoners arriving into prisons' ⁴⁸² but that it would be operationally 'very difficult to implement a requirement that applies to only some prison workers'. The Department had been dealing with the transmission of COVID-19 in prisons since February, and had a range of operational controls in place to manage the risks. Removing the mandate was judged to strike the best 'balance between protecting health, having the least possible infringements on rights, and supporting the continued safe operation of prisons'. ⁴⁸³

2.2.3.10 The healthcare and disability sector mandate was revoked in stages

I whakakorea ā wāhanga te whakature mō te rāngai hauora me te hauātanga

The healthcare and disability sector mandate was revoked in two tranches. In response to the 21 March Cabinet directive to review the mandate, the Ministry of Health advised the Minister for COVID-19 Response on 1 April 2022 that, given 'the change in the risk environment with Omicron circulating widely', 'there were some groups for whom there is no longer a clear public health rationale' to require vaccination. ⁴⁸⁴ This included workers 'for whom being onsite at health and disability premises is incidental to their core work' (such as Police, social workers and external contractors) and others 'for whom the risks of contracting and transmitting COVID-19 are no longer higher at work than in the broader community.' ⁴⁸⁵

The Cabinet Social Wellbeing Committee agreed on 4 May that these workers should be removed from the Vaccination Order, ⁴⁸⁶ but kept the mandate in place for workers who worked directly with people who might have COVID-19, or who were at high risk of severe outcomes from COVID-19, and those who worked directly in aged care or with vulnerable or disabled people. ⁴⁸⁷ The Cabinet Committee also agreed to widen the scope of the remaining mandate to capture 'all workers employed by health and disability services who, in the course of their usual duties, work face to face with those receiving health and disability services', including primary care providers, pharmacies and Māori health clinics. ⁴⁸⁸ These decisions were given effect by the Order signed by the Minister for COVID-19 Response on 30 June 2022, and came into force at 11:59pm on 7 July. These changes also had the effect of revoking the mandate for Fire and Emergency New Zealand operational staff.

The outstanding healthcare mandates were revoked with effect from 11:59pm on 26 September 2022. This followed advice from the Ministry of Health on 29 August, which concluded there was 'no convincing rationale for a continued vaccine mandate' because of high vaccination rates amongst the affected workers, the 'reduced effectiveness of vaccines at preventing Omicron transmission', the 'reduced risk of reinfection for those who have recently recovered from COVID-19' and falling numbers of active cases in the community. ⁴⁸⁹ The Minister for COVID-19 Response agreed to these recommendations on 6 September. ⁴⁹⁰

2.2.4 What happened – vaccine passes

Ngā mea i pā – ngā tohu manatoko kano ārai mate

 

Table 3: Key decisions on vaccine passes
Date	Decision	Decision maker
18 October 2021	Policy to implement COVID-19 Vaccination Certificates for use in the new COVID-19 Protection Framework	Cabinet
26 October 2021	Policy that vaccination would be mandatory for work in settings where a COVID-19 Vaccination Pass was required (noting that a decision was still required as to worker vaccine requirements at the Green level if a business decided not to use vaccine passes)	Cabinet
21 March 2022	Policy to remove My Vaccine Pass requirements and the vaccination requirements for workers of premises where My Vaccine Pass was required.491	Cabinet

2.2.4.1 Vaccine passes were one of the measures introduced as New Zealand exited the elimination strategy

I te putanga o Aotearoa i te rautaki aukati-katoa, ko ngā tohu manatoko kano ārai mate tētahi o ngā kaupapa i whakatinanahia

 
As New Zealand exited the elimination strategy, Ministers and officials were concerned about the potential for large and fast-growing outbreaks overwhelming the health system. The new COVID-19 Protection Framework introduced measures considered necessary to control the spread of the virus in the absence of lockdowns. One such policy was vaccine passes, which required people wishing to enter specific locations, businesses or events to demonstrate they had been vaccinated or exempted.

Vaccine passes were used by many countries in their pandemic responses. In New Zealand, consideration of their use began in September 2021, as Ministers looked at options to replace the elimination strategy. The impetus was not solely driven by the Government. We heard from a former Minister that there was a 'high level of political demand for a system of vaccine validation' ⁴⁹² and that many politicians and members of the public saw higher rates of vaccination, and stronger incentives to vaccinate, as the path out of stringent public health measures. ⁴⁹³ Official advice also noted that businesses could introduce vaccine validation requirements without any government action, and that some had already expressed their interest in doing so. ⁴⁹⁴

The Department of the Prime Minister and Cabinet and Ministry of Health provided an initial assessment to the Minister for COVID-19 Response on 17 September, indicating that 'targeting further work on a vaccination certificate to high-risk events could provide sufficient public health benefits while balancing human rights, equity, social licence and cohesion and operational considerations.' ⁴⁹⁵

Subsequent advice from the two agencies a week later noted that COVID-19 vaccination certificates (CVCs) could be used 'to reduce the risk of super-spreader events, especially while COVID-19 vaccination rates are lower than optimal' and that the 'requirement for a CVC to be able to attend some events or venues may also act as an incentive to encourage people to be vaccinated'. ⁴⁹⁶ The two agencies recommended that certificates 'be considered as part of a wider suite of interventions to reduce the risk of community transmission,' and the Minister for COVID-19 Response agreed that consultation would take place on the following framework:

• requiring certificates for entry to 'very large high-risk events' which had more than 1000 people attending, 'significant intermingling', 'dispersal outside the local area' and which were ticketed
• prohibiting the use of CVC for 'life-preserving and other essential services', and
• providing guidance to other events, businesses and gatherings about how to implement a CVC requirement if they wished. ⁴⁹⁷

Based on further advice from the Department of the Prime Minister and Cabinet and the Ministry of Health, ⁴⁹⁸ Cabinet on 18 October expanded the types of events covered by vaccination certificate requirements to include:

• very large high-risk events of more than 500 people at all levels
• high-risk indoor settings without capacity limits at Orange level, [and]
• high-risk indoor settings with capacity limits applying at Red level. ⁴⁹⁹

Cabinet also agreed in principle that workers 'in very large high-risk settings and high-risk indoor settings should be vaccinated while there is a vaccine requirement on patrons.' ⁵⁰⁰ Cabinet later confirmed that vaccination would be mandatory 'for work in any settings where a CVC may be required.' ⁵⁰¹

The rationale for further refinement of vaccine pass settings was within the wider context of the shift to a minimisation and protection approach and the COVID-19 Protection Framework's three colour settings. These were based in part on public health grounds and consultation with some industry and community groups. ⁵⁰²

The requirements were justified on the grounds that they would 'reduce the likelihood of "super-spreading" situations resulting from attendance by unvaccinated and highly infectious people.' ⁵⁰³ In addition, they would afford people 'greater freedoms when they are fully vaccinated' and provide 'a strong spur for the indifferent or hesitant to get vaccinated.' ⁵⁰⁴

The COVID-19 Public Health Response Act 2020 was amended on 25 November to allow Ministers to make Orders that would give effect to vaccination pass requirements. ⁵⁰⁵ The vaccine pass system came into effect on 2 December 2021; the same day Auckland left lockdown and moved into the Red setting of the COVID-19 Protection Framework. The Red setting was the most stringent, meaning that vaccine passes were required for a large array of everyday activities.

The decision to introduce vaccine passes came as a shock to some people, especially given earlier government messaging about vaccination obligations. In 2020, the Government had rejected claims that there would be penalties for people who refused vaccination ⁵⁰⁶ and, as late as August 2021, the Prime Minister was publicly ruling out vaccine passes. ⁵⁰⁷ The vaccine pass system was developed on the clear understanding that its use would create a form of two-tier society. ⁵⁰⁸ The Attorney-General stated the Government's expectations in a speech on 2 December 2021:

Higher risks arise from, and for, unvaccinated people. Hard decisions have to be made about what life looks like for those who choose not to get vaccinated, as we seek to maximise freedoms and health outcomes…

He added: 'in order to protect us all, and especially the most vulnerable members of our community – unvaccinated people may not be able to enjoy some of the things that others can'. ⁵⁰⁹

2.2.4.2 Vaccine passes were revoked as part of the post Omicron peak easing

I whakakorea ngā tohu manatoko kano ārai hei wāhanga o te whakangāwari i muri i te wā kaha rawa o te Omicron

 
Cabinet decided on 21 March 2022 to remove vaccine certificate requirements (known as the 'My Vaccine Pass') as part of the wider suite of changes made to the COVID-19 Protection Framework in response to the Omicron peak. In their advice to Cabinet, the Associate Minister for COVID-19 Response noted that New Zealand's very high vaccination rates meant that unvaccinated people now presented a smaller transmission risk compared to when the passes were introduced. ⁵¹⁰ In order for the passes to 'significantly reduce transmission of Omicron', they would need to include a booster, which would have taken five to six weeks to incorporate into the system, well past the expected Omicron peak. ⁵¹¹

The Minister concluded that keeping the passes 'for longer than necessary, in the face of public scepticism, could undermine the social licence for the response as a whole' and recommended they be removed, along with the obligation for workers in affected venues to be vaccinated. ⁵¹² The relevant Orders were revoked with effect from 11:59pm on 4 July. ⁵¹³

2.2.5 What happened – the Vaccination Assessment Tool

Ngā mea i pā – te Utauta Arotake Kano ārai mate

 

Table 4: Key decisions for the Vaccine Assessment Tool
Date	Decision	Decision maker
26 October 2021	Agreement to amend the COVID-19 Public Health Response Act 2020 to allow the use by employers of a prescribed risk assessment tool in workplaces for determining whether vaccination could be required of workers	Cabinet
13 December 2021	Submission of Regulations to the Governor-General for approval, authorising employer-based vaccine mandates and the use of the Vaccination Assessment Tool	Cabinet
9 May 2022	Revocation of the COVID-19 Public Health Response (Vaccination Assessment Tool) Regulations 2021.	Cabinet

2.2.5.1 The Vaccination Assessment Tool sought to reduce uncertainty in workplaces

Ko te whāinga o te Utauta Arotake Kano ārai mate, he whakaiti i te rangirua ki ngā wāhi mahi

 
The Delta outbreak in August 2021 and the shift out of the elimination strategy in October 2021 led to increasing public concern about the prospect of being exposed to COVID-19 in the community and workplace, and the potential for businesses to be disrupted by widespread infections. A former Minister agreed that they were regularly told that many people 'did not want to go to work if their workmates were unvaccinated or if customers and people they would need to interact with were unvaccinated.' ⁵¹⁴ This led many employers (as 'Person[s] Conducting a Business or Undertaking', known as PCBUs) ⁵¹⁵ and workers to consider whether their workplaces should introduce vaccination requirements.

Existing law obliged workplaces to take reasonably practicable steps to ensure the health and safety of their workers, any other workers they influence or direct, and any other people in the workplace. ⁵¹⁶ This could include requiring vaccination, if a risk assessment indicated it was a reasonably practical means of mitigating health and safety risks. The workplace health and safety regulator (WorkSafe) had given guidance on how to carry out these assessments, ⁵¹⁷ but many businesses and employer groups were concerned that they lacked the knowledge and resources necessary to conduct them in a way that would withstand legal challenges. ⁵¹⁸ Ministers told us they were also worried that some employers could go too far, due to the strong public sentiment in favour of mandates, and impose vaccination requirements where one was not justified for public health reasons. ⁵¹⁹

In response, the Minister for Workplace Relations and Safety sought agreement from Cabinet on 26 October 2021 to 'create a process to guide workplace decisions about when it is reasonable to require vaccination and/or testing'. ⁵²⁰ The process would be embedded in secondary legislation, providing a 'much greater degree of certainty and support to employers and PCBUs'. ⁵²¹ Cabinet agreed and invited the Minister to report back on the proposed criteria in the risk assessment process. ⁵²² Cabinet also invited the Minister, in consultation with the Minister for COVID-19 Response, to issue drafting instructions for legislation that would give effect to these decisions. ⁵²³

The Minister for Workplace Relations and Safety subsequently reported back to Cabinet on 22 November 2021 with a proposed Vaccination Assessment Tool. The Tool had been prepared with input from the Ministry of Health and was designed to be applied to particular roles rather than to entire workforces. It outlined four factors, 'at least three of which must be met' before it would be reasonable to consider requiring vaccination. ⁵²⁴

Table 5: Factors in the Vaccination Assessment Tool 525
Situation	Lower risk	Higher risk
What type of environment does the worker work in?	100m² indoor space or greater, or outside	Less than 100m² indoor space
Can the worker reasonably maintain one metre physical distancing from other people?	Yes	No
How long is the worker in proximity to other people?	15 minutes or less	More than 15 minutes
Does the worker provide services to people who are vulnerable to COVID-19?	Yes	No

Use of the Tool by employers would be optional, and workplaces could continue to undertake their own health and safety risk assessments. ⁵²⁶ The Tool also allowed for flexibility in the way in which employers could set exemptions or exceptions from any vaccination requirements.

The COVID-19 Response (Vaccinations) Legislation Act 2021, which passed into law on 25 November 2021, created the power for the Governor-General to make regulations prescribing the assessment tool, and for workplaces to make decisions using the tool. ⁵²⁷ On 13 December 2021, the Minister for Workplace Relations and Safety obtained agreement from Cabinet to submit the COVID-19 Public Health Response (Vaccination Assessment Tool) Regulations 2021 to the Governor-General for approval ⁵²⁸ and the regulations came into force on 15 December 2021. ⁵²⁹

BusinessNZ welcomed the introduction of the Vaccination Assessment Tool, noting that the policy would 'make workplaces as safe as possible and give confidence to businesses, customers, staff, suppliers and others'. ⁵³⁰ We heard from Auckland business representatives that some firms initially welcomed greater use of mandates as a way of allowing reopening and supporting business survival. ⁵³¹ The New Zealand Council of Trade Unions supported vaccination requirements as a means of keeping workplaces safe, where they were implemented through a fair process and their introduction was based on a robust risk assessment. ⁵³²

2.2.5.2 The Vaccination Assessment Tool was revoked as justification for it weakened due to changing circumstances

I whakakorea te Utauta Arotake Kano ārai mate nā te ngoikore haere o te parahau i ngā āhuatanga taurangi

 
When Cabinet decided on 21 March 2022 to ease a number of controls in the Government's post-Omicron peak response, the relevant Cabinet paper stated that requiring vaccination 'is likely to be difficult for most employers/PCBUs to justify based on the shift in overall public health measures'. ⁵³³ Cabinet therefore noted that the Ministry of Business, Innovation and Employment would advise the Minister for Workplace Relations and Safety on whether the Vaccination Assessment Tool regulations needed to be revoked or amended. ⁵³⁴

The Ministry of Business, Innovation and Employment's resulting advice was that the 'simplified approach adopted in the Vaccine Assessment Tool regulations was no longer appropriate.'  ⁵³⁵ Although vaccination requirements could still be appropriate in some circumstances, ⁵³⁶ this would need to be supported by a workplace health and safety risk assessment that was specific to roles and the organisation's circumstances. The Ministry assessed that the circumstances in which vaccination requirements were justified was 'likely to be more limited'. ⁵³⁷ Cabinet therefore agreed to revoke the tool on 9 May 2022, ⁵³⁸ and the enabling regulations were revoked with effect from 12 May 2022.

2.2.6 Our assessment of key decisions

Tā mātou aromatawai i ngā whakatau matua

 
2.2.6.1 Advice on the social and health impacts specifically considered impacts for Māori and Pacific peoples

Ngā tohutohu mō ngā pānga pāpori me ngā pānga hauora, inā hoki ngā pānga ki te iwi Māori me ngā iwi o Te Moana-nui-a-Kiwa

 Most of the advice or decision papers about the occupational mandates took account of their impact on a wide cross-section of people, including Māori and Pacific peoples. These papers often noted that, because Māori and Pacific peoples tended to have lower vaccination rates than other New Zealanders, these groups could be negatively affected by a requirement to be vaccinated in order to work. ⁵³⁹ Those papers also observed that Māori had historically been 'disproportionately affected by a widespread epidemic', meaning that there was 'an equity imperative to do everything possible', within the limits set by the New Zealand Bill of Rights Act, to minimise the risks from COVID-19. ⁵⁴⁰

2.2.6.2 Advice on the economic impacts of occupational mandates could have further explored labour market implications

I ngā tohutohu mō ngā pānga ōhanga o ngā whakature ā-mahi, i āhei tonu te hōhonutanga ake ki ngā pānga ki te pūnaha mahi

 
Impacts of mandates on staffing levels were only discussed in some papers and the advice was that these impacts would not be significant concerns. The Cabinet paper seeking agreement to the Police and Defence Force mandates discussed the risk of Police staff loss as a result of vaccination requirements, but concluded it was not significant and noted that both the New Zealand Police Association and Police Leaders Guild supported the mandate. ⁵⁴¹ Nor did the Cabinet paper discuss prison staff. There was no comment about the risk of staff loss from the Defence Force ⁵⁴² nor from prison staff. ⁵⁴³

For the education worker mandate, the Cabinet paper noted that the 'size and nature of the education workforce' (which exceeded 120,000 people) and 'the high level of public interest' meant that 'the implementation of these proposals will be complex and require careful consideration and support.' ⁵⁴⁴ The paper also noted the high likelihood of personal grievance cases. ⁵⁴⁵

The Cabinet paper that proposed introducing the healthcare mandate noted concerns from stakeholders about the 'potential impact on staffing levels and access to healthcare, particularly in areas where staff are scarce (e.g., home based health care such as paid family carers, rural pharmacy services and some specialist health services)'. ⁵⁴⁶ The paper concluded that these were not significant concerns, as the number of people who were expected to leave their jobs as a result of the mandate was 'unlikely to be greater than normal turnover' and these services 'are vulnerable to any number of impacts'. ⁵⁴⁷ The paper for the second border worker mandate implicitly acknowledged the risk posed by vaccine hesitancy, creating exemptions to prevent significant supply chain disruptions. ⁵⁴⁸

We heard from one former Minister that there was awareness of some opposition to mandatory vaccination, the pressure on school staff levels and potential labour market impacts. ⁵⁴⁹ However, there was no assessment in the Cabinet paper of the potential scale of opposition and implications for education providers, learners and their families, nor of the income and employment effects for people who declined vaccination. The employment and wage scarring ⁵⁵⁰ effects of involuntary unemployment in New Zealand are well-known ⁵⁵¹ and could have been estimated. The Treasury's Regulatory Impact team commented in the Cabinet paper that 'the policy issue around vaccination of high-risk frontline workers, including the education workforce has been known for some time, such that impact analysis supporting this proposal would have been feasible.' ⁵⁵²

As it turned out, the employment and wage scarring impacts of mandates in New Zealand were significant. Research conducted by this Inquiry found that the introduction of mandates did encourage some members of the education and health sector workforces to get vaccinated (about 7.4 percent and 3.0 percent of each workforce, respectively). ⁵⁵³ Those who declined to get immunised in time for the mandates' implementation (4.2 percent of the education workforce and 2.8 percent of healthcare staff) faced substantial employment and income losses.

For education workers who declined vaccination, their employment rates dropped dramatically immediately following the mandate coming into force. The rates only partially recovered, because some people moved into alternative employment in other industries. Nevertheless, by July 2024, almost 25 percent of education workers who declined vaccination were not in employment, compared to 11 percent of education workers who got vaccinated early. Controlling for worker characteristics (such as age and length of service) reduces this employment gap from 14 percent to 12 percent. Conditional on having a job, average annual real wage growth for those who declined vaccination was 2.5 percent lower, or 4.7 percent lower if the workers had left the education sector. ⁵⁵⁴

For health sector workers who declined vaccination, employment rates were 70 percent, compared to 89 percent for those who were vaccinated earlier (controlling for worker characteristics reduces the gap from 19 percent to 16 percent). The average annual real wage growth for those who declined vaccination was 3.9 percent lower, or 6.3 percent lower if they had left the health sector, implying real wage losses compared to pre-mandate wages. ⁵⁵⁵

2.2.6.3 The potential for social disruption from the Vaccination Assessment Tool and vaccine passes received detailed consideration

I whiwhi āta-aromatawai te tūraru o te raruraru pāpori ka hua mai i te Utauta Aromatawai Werohanga me ngā
manatoko kano ārai mate

 
Advice on the Vaccination Assessment Tool and vaccine pass system paid attention to the risks of creating social disruption. For example, on 20 September 2021, the Ministry of Business, Innovation and Employment briefed the Minister for Workplace Relations and Safety on issues related to workplace vaccination. The briefing noted that the Government could 'shift' the boundary between work that requires vaccination and that which does not, but this would depend on:

• balancing human rights considerations (for example, privacy law, the right to refuse medical treatment, the right to be free from discrimination on certain grounds)
• social attitudes, including whether being seen to be vaccinated to participate in certain aspects of work and social life increases feelings of social exclusion
• economic implications, including from consumer rejection (refusal to patronise businesses that did or did not require vaccination, for example). ⁵⁵⁶

An appendix to that briefing raised a number of questions that would need to be addressed, such as what were the economic and social impacts of workers in essential or critical roles being unable to continue working due to being unvaccinated, or whether it was 'justifiable and reasonable to differentiate, in terms of employment outcomes, between workers who cannot be vaccinated for medical or religious reasons, and workers who are unvaccinated for other reasons (such as hesitancy)'. ⁵⁵⁷

Cabinet discussions about the Tool explicitly anticipated issues with vaccine hesitancy or 'resistance'. ⁵⁵⁸ The paper considered by Cabinet on 26 October 2021 commented that:

there are some Māori communities that have a very high degree of reluctance which could potentially have significant service delivery implications, as illustrated by a letter received by the Ministry of Education from a kura kaupapa Māori in Northland where over half of the workers have indicated they will not be vaccinated. This is likely to be the case in other sectors as well. ⁵⁵⁹

Perhaps in anticipation of problems arising from hesitancy, Cabinet approved a requirement on employers 'to provide a minimum of four weeks' paid notice…before someone can be terminated for being unvaccinated, during which time they could become vaccinated'. ⁵⁶⁰ Employers were also required to consult 'workers and their representatives' when using the Tool. ⁵⁶¹ However, there was little assessment of the likely labour market impacts on unvaccinated workers, such as employment or wage scarring.

Advice on vaccine passes also flagged issues such as impacts on 'inclusiveness, social licence and equity.' ⁵⁶² The initial briefing from the Department of the Prime Minister and Cabinet and the Ministry of Health noted that the Government could take a number of roles with regards to vaccine certification, and that the appropriate path would depend on questions such as the 'equity impact on different population groups', whether the government approach would be 'socially acceptable or 'create public concern and impact the vaccination programme' and ensuring that any pass system was consistent with Treaty principles. ⁵⁶³ Officials drew particular attention to the need to mitigate any impacts on social cohesion that could arise if 'churches, marae and other religious/cultural settings are required to use CVCs [COVID Vaccination Certificates]'. ⁵⁶⁴

Advice stressed that there were issues with maintaining social licence, and the justification for passes could erode as vaccination rates increased. To minimise the risks of losing social licence, officials recommended that any mandatory requirements be 'narrow in scope, at least initially, and focused on the highest-risk events, to avoid any unacceptable impacts on people's day to day lives.' ⁵⁶⁵ Officials also recommended prohibiting the use of passes in 'life-preserving services', for similar reasons. ⁵⁶⁶

The final vaccine pass settings – in particular, the breadth of venues covered – were not obviously narrow in scope nor focused on the highest risk venues. However, the Cabinet paper seeking final agreement to the settings acknowledged this expansion and the associated risks, commenting that the

revised settings for the introduction of CVCs are broader than what was originally considered by Cabinet...Those without CVCs will potentially be excluded from a much wider range of social settings. This risks isolating the unvaccinated and increases the likelihood that we will see large scale protests similar to those experienced in other countries that have introduced vaccine requirements. There is also a risk that restrictions on where unvaccinated people may go could negatively impact the trust that has been built around the COVID-19 vaccination rollout and to address vaccine hesitancy that is linked to a wider mistrust of the health system. ⁵⁶⁷

2.2.6.4 Impacts were not systematically monitored

Kāore ngā pānga i aroturukitia ā-whakaraupapa

 
The various advice and decision papers were clear about the high-level outcomes sought from the vaccination requirements – namely, limiting transmission, protecting the vulnerable and reducing pressure on the health system (for mandates and vaccine passes), reducing legal uncertainty around requiring vaccination in workplaces (for the Vaccination Assessment Tool) and maintaining the operational capacity of key public services (for the Police and Defence Force mandates). Many papers also explicitly committed to review specific vaccination requirements to ensure they remained necessary.

However, there was little evidence of attention paid to other, intermediate impacts (such as job loss in mandated sectors or roles, or income scarring for people who lost employment) or to establishing monitoring systems to assess how well vaccination requirements were working. The absence of attention here makes it difficult to assess whether the impacts of decisions were unforeseen. It also meant that decision-makers lacked a robust evidence base they could use to judge whether and when to continue with, amend or end vaccination requirements.

Ministers did not expect that some people who left their jobs because of the occupational mandates would not return to their original professions. For example, Rt Hon. Dame Jacinda Ardern told us that there was 'an assumption…that anyone who withdrew from the labour market may be inclined once a mandate was lifted, to re-enter'. ⁵⁶⁸

The lack of monitoring is striking, given the eventual broad reach of the vaccination requirements. These requirements started out narrowly targeted, with the initial border mandate affecting about 6,000 staff, ⁵⁶⁹ most of whom had already voluntarily been immunised. Over time, the combination of occupational mandates, employer mandates facilitated by the Vaccination Assessment Tool, and the obligations for people working in venues using vaccine passes to be vaccinated, meant that a large share of the workforce was ultimately affected. It is impossible to precisely determine the number because no data was collected about the number and breadth of employer-led mandates. However, at the time Cabinet agreed to require vaccination for work in venues where vaccine passes were used, the Minister for Workplace Relations and Safety reported that 'about 40% of our workforce could be subject to a vaccination mandate once work in CVC settings is included.' ⁵⁷⁰

There was broader monitoring of the social acceptance of public health measures, including vaccination requirement measures. The Department of the Prime Minister and Cabinet consulted regularly with the Business Forum, the National Iwi Chairs Forum and other significant stakeholders on the vaccine pass system. Ministers shared information coming in from their portfolios, and the Department of the Prime Minister and Cabinet also took what were referred to as pulse checks of public attitudes and advised on sentiment research, reporting regularly on how public health measures such as lockdowns and vaccine settings were being received. However, these measures were not clearly linked to decisions about adjusting or removing the vaccination requirements, and we saw no evidence of clear frameworks for monitoring the impacts and success of specific vaccination requirements.

We also note a lack of monitoring systems, which may be due to the dispensation from producing regulatory impact statements for COVID-19 decisions that were 'intended to manage, mitigate or alleviate the short-term impacts of a declared emergency event' ⁵⁷¹ Completing a regulatory impact statement before making a proposal to Cabinet ensures Ministers have a high-level summary of the problem being addressed, the options and associated costs and benefits, the consultation undertaken, arrangements for implementation, and the plan for ongoing monitoring, evaluation, and review. ⁵⁷² It is notable that the one key vaccination requirement decision which did include a regulatory impact analysis (the revocation of the Corrections staff occupational mandate) provided a thorough (if after the fact) analysis of impacts, competing interests and available options.

One reason we were given for the lack of specific monitoring was the logistics of implementing a new kind of policy under urgency, with an intention of it being temporary. Effort spent establishing monitoring systems may have come at the expense of timely implementation and may have been of limited use by the time they yielded insights. However, the Inquiry considers that, when policy impacts negatively on people and it is unclear how long the policy will be in place, plans for monitoring should still be included as part of policy implementation.

2.2.6.5 Decisions on vaccination requirements generally reflected the advice given

I te nuinga, i hāngai ngā whakatau mō ngā whakature kano ārai mate ki ngā tohutohu i tukuna

 
Vaccination requirement decisions reflected the advice given to Ministers by officials. However, there is no evidence that the 9 December 2021 advice from the COVID-19 Vaccine Technical Advisory Group – namely, that 'risks associated with the transmission of COVID-19 throughout Aotearoa New Zealand among those aged under 18 are insufficient to justify mandating a 2 dose schedule of the Pfizer vaccine' ⁵⁷³ – was included in any briefings to Ministers.

The background to this issue is discussed fully in section 2.2.3.3 in relation to the education sector mandate that specifically applied to 12–17-year olds. However, the implications go beyond the education sector because the same mandated 2-dose schedule also applied to the range of groups set out in Schedule 2 of the COVID-19 Public Health Response (Vaccinations) Order, ⁵⁷⁴ and to the wide variety of settings where vaccine passes were required. It is not clear how many 12–17-year olds chose to comply with a vaccine mandate that required a 2-dose schedule.

We have found that the Technical Advisory Group advice of 9 December 2021 was not provided to Ministers. Nor was that advice provided to those 12–17-year olds who were subject to a vaccine requirement. We consider the failure to ensure that this specific advice reached Ministers and the public was significant. While this deficiency is mitigated by the information that was widely published about the risk of myocarditis in this cohort, this does not diminish the issue of vaccine mandates continuing to reflect outdated advice, when advice informed by additional evidence was available.

It is evident to the Inquiry that advisors and decision-makers took great care throughout the course of the pandemic to assess and respond to developing science and related data, both internationally and in Aotearoa New Zealand. Nonetheless, this particular issue is a good example of an opportunity to communicate changing information to affected parties and the public as scientific advances were recognised.

At a couple of points during the period under our review, officials queried the overall benefits of requiring vaccination for employment. In the early stages of the vaccine roll-out, which prioritised border and MIQ staff, official advice raised concerns about the possible negative impacts of requiring vaccination in this workforce. A Ministry of Health briefing to the Minister for COVID-19 Response on 12 February 2021 noted that:

mandating vaccinations for particular workforces will likely have flow on impacts on the perception of the COVID-19 Immunisation Programme and may have unintended consequences, such as reducing trust in the Programme among some groups…[It] would also set a precedent and could raise issues around other times of vaccination for the wider New Zealand community, such as vaccination against influenza. ⁵⁷⁵

The Ministry briefing also commented that mandates 'could potentially undermine equity and result in the Government acting in conflict with Te Tiriti', in particular, the principle of tino rangatiratanga. ⁵⁷⁶

Similarly, in the initial policy development stages, Treasury questioned the rationale for introducing a vaccine pass system if immunisation coverage was already high, noting that the public health benefits would be smaller and likely outweighed by the costs. ⁵⁷⁷

2.2.6.6 Advice provided considerable information about international experience

I tukuna e ngā tohutohu he mōhiohio whānui mō ngā wheako o tāwāhi

 
Advice on the vaccine pass system examined how other countries were using similar certification approaches. The Department of the Prime Minister and Cabinet prepared a report of brief insights on this on 1 October 2021. ⁵⁷⁸ It explored the types of events and venues covered by pass requirements in other countries, exemptions offered, locations where passes were prohibited, and challenges in implementing passes. ⁵⁷⁹ In its initial advice on the domestic use of vaccination certificates on 17 September, the Department of the Prime Minister and Cabinet and the Ministry of Health discussed the introduction and removal of passes in a number of countries, and noted that in France the passes had led to both protests and increased vaccination uptake. ⁵⁸⁰

The Cabinet papers which informed the final decisions on vaccine passes touched on the challenges that other countries were facing in relaxing domestic restrictions because of the growth in transmission. Advice later provided to the Minister of Finance by the Treasury compared Singapore's public health controls to the COVID-19 Protection Framework, noting that Singapore had applied tighter settings than those developed for New Zealand in order to get their Delta outbreak under control. ⁵⁸¹

There were references to international experience in other advice. For example, the Cabinet paper which informed the decision to introduce an occupational mandate for health and disability workers included a two-page annex summarising the vaccination requirements for healthcare staff in 11 countries. ⁵⁸² Similarly, the Cabinet paper which sought agreement to the Police and Defence Force mandates noted that very few police officers in Victoria had been stood down for not meeting vaccination requirements. ⁵⁸³ In early advice to the Minister for Workplace Relations and Safety on workplace vaccinations, the Ministry of Business, Innovation and Employment observed that high immunisation rates in other countries were 'leading to reduced use of vaccination requirements for certain work or proof of vaccination to enter certain places, and increased reliance on alternative measures such as testing (for example, Denmark).' ⁵⁸⁴ Other advice from the Ministry of Business, Innovation and Employment which informed thinking about the Vaccination Assessment Tool summarised work-based vaccination requirements in 13 jurisdictions around the world. ⁵⁸⁵

2.2.6.7 Some elements of the vaccination requirements did not strike a reasonable balance

Kāore ētahi wāhanga o ngā whakature kano ārai mate i tau ki tētahi taurite tōtika

 
In assessing whether decisions struck a reasonable balance between public health goals and minimising social and economic disruption, one important consideration is how proportionate the interventions were. Proportionality is important, because vaccination requirements engage fundamental rights and freedoms. It implies that restrictions on limits should be connected to an important public policy objective, well-targeted and last no longer than necessary.

Cabinet papers and briefings to Ministers do not explicitly refer to whether the restrictions on rights imposed by the vaccine requirements were proportionate to the public health benefit. Nor do they indicate whether any less restrictive options that could achieve that benefit had been considered. Therefore, it was difficult for us to form a clear assessment from the papers as to how these factors were put to, or assessed by, decision-makers at the time. Some papers contained a summary of legal advice provided to Ministers by Crown Law. Such summaries were redacted in the papers we received, on the basis of legal privilege. However, we sought and were granted a partial waiver allowing us to review some redacted information relating to key decisions about vaccine requirements.

We consider a few elements of the decisions about vaccination requirements did not strike a reasonable balance. In one case, this is because the Government did not act quickly enough in response to a public health risk, as set out below. In others, it was because the scope of the requirements went beyond what was necessary, or the mandates were kept in place too long.

The decision to require vaccination of the wider, mostly non-public sector border workforce appears to have been too slow, given the stated risks. The Order giving effect to the wider mandate came into effect at 11:59pm on 14 July 2021, but the requirement for the newly mandated workers to have received 'at least one dose of the vaccine' began at 11:59pm on 26 August 2021 (for government workers who had not been captured by the first mandate) and at 11:59pm on 30 September 2021 (for 'all other groups brought under the Order'). ⁵⁸⁶

The port and airport sectors can be operationally complex, and workforces are not homogeneous. The Ministry of Health has said a significant amount of policy work, cross-agency discussion and engagement was needed to introduce mandates for the wider set of border workers. The Ministry of Transport noted there were benefits from using the leadership value of government officials vaccinating first, and voluntary vaccination uptake had been lower in the private compared to the public sector. Officials recommended that a decision on the mandate be delayed a month to allow for further education and analysis.

However, the areas that the mandate covered were limited in number. The lengthy period taken to include this wider workforce within the mandate, and then actually require vaccination, appears inconsistent with the public health rationale. The broader workforce presented a similar risk of community transmission as many of the already-mandated public sector workers. It had been subject to an education campaign on immunisation as border and MIQ workers had been prioritised in the first stage of the vaccine rollout.

The time taken to revoke the border mandates also seems excessive. The onset of Omicron meant that by early 2022, the large majority of COVID-19 cases in New Zealand were in the community, rather than at the border. Arguably, a case for border worker mandates remained (based on the risk of new variants entering the country). However, unvaccinated residence visa holders were able to enter New Zealand from 6 May 2022; ⁵⁸⁷ the border worker mandate remained in place until 2 July 2022. While other changes may have been taking place at the border, it is unclear why the actual revocation of the border worker mandate occurred more than a month after the policy decision had been taken (on 25 May 2022).

Similar questions arise about the delays between the policy decisions to revoke the healthcare mandates and their final revocation. The Cabinet Social Wellbeing Committee agreed on 4 May 2022 to remove vaccination requirements from the first group of healthcare workers, but the revocation Order did not come into effect until 7 July. The Ministry of Health provided advice recommending the removal of the outstanding requirements on 29 August, but the revocation did not take force until 26 September. In our view, where measures limiting fundamental rights are found to be no longer necessary, they should be removed promptly and as a matter of priority.

There were clear cases where the span of mandates went too far, such as the inclusion of family carers (which the High Court later found to be unlawful). Another example was the continued requirement for people under 18 years old covered by mandates to have two doses of the Pfizer vaccine, when technical experts stated that the risks of the spread of COVID-19 among those aged under 18 were 'insufficient to justify mandating a 2 dose schedule of the Pfizer vaccine prior to working in any environment'. ⁵⁸⁸

2.2.6.8 Balancing public health goals and minimising disruption

Te taurite i ngā whāinga hauora tūmatanui me te whakaiti i te whakararu

 
In terms of the broader assessment of whether vaccination requirements struck a reasonable balance between COVID-19 public health goals and minimising social and economic disruption, we acknowledge the position put to us by several former Ministers that the two objectives were not always in tension. Especially during the elimination strategy where vaccination rates were low and there was no natural immunity, preventing the entry and spread of COVID-19 was essential to minimising social and economic disruption. Ensuring high levels of vaccination at areas of high-risk such as the border – was clearly important. We note that ministers and senior public servants had well-founded fears, based on the experience of other countries, that exiting the elimination strategy without sufficient public health measures in place could have led to considerable disturbance, including overloading the health system and disruption of other essential services. We observe that there were existing social pressures within the community for higher vaccination levels and more stringent measures, especially as lockdowns ended.

That said, it is also clear that the vaccination requirements had significant negative social and employment impacts for people who declined vaccination – and, for some, a loss of trust in government. Some of this may have been unavoidable, but the advice to ministers did not always make these impacts clear and the final decisions did not always align with earlier warnings raised about the risks posed to social license or cohesion.

Some people asked the Inquiry whether the Government took sufficient steps to consider and offer alternatives to vaccination requirements. Several other countries, such as Singapore, allowed people in mandated roles the option of taking regular COVID-19 tests instead of vaccination. This idea was raised in some of our submissions. ⁵⁸⁹

Officials and Ministers did explore testing as an alternative to the Police and Defence Force mandates but decided ultimately not to proceed with it. In his paper to Cabinet seeking agreement to the Police and Defence Force mandates, the Minister for Workplace Relations and Safety argued that there was an 'apparent lack of less-restrictive alternatives to achieve these objectives':

I considered whether regular testing should be permitted as an alternative to a vaccination requirement. However, testing only picks up infection after it has happened, and does not prevent or mitigate the consequences of infection. I also note testing capacity is under extreme pressure, and a testing requirement (as an alternative to vaccination) would place more stress on an already strained laboratory and testing workforce. Testing resources would be better utilised elsewhere to ensure symptomatic people are testing across the country. ⁵⁹⁰

While it is true that the testing system was under severe pressure in late 2021, the Government's lack of strategic agility and a very conservative and centralised approach to testing technologies contributed to this situation. A different approach to testing technologies earlier in 2021 may have opened up other options for vaccination requirements, especially as New Zealand moved out of the elimination strategy. Secondly, there was some precedent for using tests as alternatives to vaccination, at least in the short run. On 11 October 2021, Cabinet agreed to require weekly testing of education staff who were not fully vaccinated in Auckland and other areas under Alert Level 3, and required all school staff in those areas 'to return a negative COVID-19 result ahead of physically returning to a school, regardless of vaccination status.' ⁵⁹¹ We return to this issue in Part 3.

2.2.7 Summary assessments

Ngā whakarāpopototanga aromatawai

 
The decisions on vaccine requirements generally reflected the advice given, with one important exception – the advice of the COVID-19 Vaccination Advisory Group on the mandate as it applied to 'workers over the age of 12 years who carry out work at or for an affected education service (including as a volunteer or an unpaid worker'. ⁵⁹²

The advice given did pay significant attention to experience in comparable jurisdictions. Advice on the economic impacts of vaccination requirements could have further explored the potential labour market implications for unvaccinated workers. However, advice on the vaccine pass system included considerable assessment of the impacts on social cohesion.

There was insufficient monitoring of the use and impacts of vaccination requirements, including uptake of the Vaccination Assessment Tool, job losses and reinstatements, and limited enforcement activity. Lack of monitoring of the impacts of the occupational mandates and the Tool's application meant advice about continuing or removing these mandates was not well-informed by data.

The lack of monitoring also means it is difficult to assess whether all the impacts of vaccination requirements were unforeseen. The potential employment and wage scarring effects of vaccination mandates ultimately proved to be significant for the workers who declined to comply. These effects are capable of being estimated and should be considered in a future pandemic.

Some vaccination requirements were introduced too slowly, some lasted too long and some went too far. The objectives of balancing public health goals and minimising social disruption were not always in tension, and Ministers and senior advisers had well-founded fears that a lack of sufficiently robust public health measures could lead to considerable disruption due to widespread transmission of the virus. However, it is clear that vaccination requirements had significant social and economic implications, particularly for people who declined immunisation.

Some vaccination requirements were introduced too slowly, some lasted too long and some went too far.

Vaccination requirements are a valid intervention that should be kept in the toolbox for future pandemic responses. However, the scale of their intrusion on fundamental rights and freedoms and their potential for severely negative impacts on those who choose not to be vaccinated means they should be used with great care. Future requirements should be applied with flexibility, should be monitored systematically and reviewed frequently against clear criteria, and decisions to end mandates should be actioned quickly, given their impact on individual rights. We provide advice on how to use vaccine requirements in future in Part 3.

 

³⁸⁴ NZ Royal Commission COVID-19 Lessons Learned – Phase One, Main Report (2024), Part 2, Section 8, 
https://www.covid19lessons.royalcommission.nz/reports-lessons-learned/main-report/part-two/8-7-
what-we-learned-looking-back

³⁸⁵ NZ Royal Commission of Inquiry into COVID-19 Lessons Learned: Phase Two (2026), Pandemic 
Perspectives, https://www.covid19lessons.royalcommission.nz/reports-lessons-learned/phase-two/
pandemic-perspectives, p 83

³⁸⁶ NZ Royal Commission of Inquiry into COVID-19 Lessons Learned: Phase Two (2026), Pandemic 
Perspectives, https://www.covid19lessons.royalcommission.nz/reports-lessons-learned/phase-two/
pandemic-perspectives, p 86

³⁸⁷ NZ Royal Commission of Inquiry into COVID-19 Lessons Learned: Phase Two (2026), Pandemic 
Perspectives, https://www.covid19lessons.royalcommission.nz/reports-lessons-learned/phase-two/
pandemic-perspectives, p 88

³⁸⁸ NZ Royal Commission of Inquiry into COVID-19 Lessons Learned: Phase Two (2026), Pandemic 
Perspectives, https://www.covid19lessons.royalcommission.nz/reports-lessons-learned/phase-two/
pandemic-perspectives, p 90

³⁸⁹ NZ Royal Commission of Inquiry into COVID-19 Lessons Learned: Phase Two (2026), Pandemic 
Perspectives, https://www.covid19lessons.royalcommission.nz/reports-lessons-learned/phase-two/
pandemic-perspectives, p 90

³⁹⁰ Commonwealth of Australia, Department of the Prime Minister and Cabinet, COVID-19 Response Inquiry 
Report (Canberra: October 2024), https://www.pmc.gov.au/sites/default/files/resource/download/covid19-response-inquiry-report.pdf

³⁹¹ Anna Whyte, ‘Poll shows 74% of Kiwis support workforce vaccine mandates’, 1News (16 November 2021), 
https://www.1news.co.nz/2021/11/16/poll-shows-74-of-kiwis-support-workforce-vaccine-mandates/

³⁹² Clare Trevett, ‘Exclusive poll: Covid 19 Omicron – What Kiwis think about vaccination mandates and the 
Parliament protests’, New Zealand Herald (10 March 2022), https://www.nzherald.co.nz/nz/exclusivepoll-covid-19-omicron-what-kiwis-think-about-vaccination-mandates-and-the-parliament-protests/
UZUCGRBPWSISKXLKO6LPI7RYCU/

³⁹³ The Research Agency, Behaviour & sentiment November update, including December pulse check 
(December 2021), https://www.dpmc.govt.nz/sites/default/files/2023-01/Behaviour-and-SentimentReport-November-Update-including-December-pulse-check.pdf, p 11

³⁹⁴ The Research Agency, Behaviour & sentiment January update (31 January 2022), https://covid19.govt.nz/assets/Proactive-Releases/Research/19-August-2022/Behaviour-and-Sentiment-Report-January-Update.pdf, p 36

³⁹⁵ NZ Royal Commission COVID-19 Lessons Learned: Phase One, Main Report (2024), Part 2 Section 8.7, 
https://www.covid19lessons.royalcommission.nz/reports-lessons-learned/main-report/part-two/8-7-
what-we-learned-looking-back

³⁹⁶ New Zealand Bill of Rights Act 1990, s 5, https://www.legislation.govt.nz/act/public/1990/0109/latest/
DLM225501.html

³⁹⁷ NZ Royal Commission COVID-19 Lessons Learned: Phase One, Main Report (2024), Part 2 Section 8.7, 
https://www.covid19lessons.royalcommission.nz/reports-lessons-learned/main-report/part-two/8-7-
what-we-learned-looking-back

³⁹⁸ COVID-19 Public Health Response (Vaccinations) Order 2021, Schedule 2 (as at 28 April 2021), 
https://www.legislation.govt.nz/regulation/public/2021/0094/18.0/LMS487909.html

³⁹⁹ COVID-19 Public Health Response (Vaccinations) Order 2021, s 4 Interpretation, vaccinated (as at 
28 April 2021), https://www.legislation.govt.nz/regulation/public/2021/0094/18.0/whole.html#LMS487890
The list of eligible vaccines was further expanded by amendments on 29 November 2021, 
https://www.legislation.govt.nz/regulation/public/2021/0094/52.0/LMS573022.html and 25 March 2022 
https://www.legislation.govt.nz/regulation/public/2021/0094/82.0/LMS573022.html

⁴⁰⁰ Ministry of Health, COVID-19 Public Health Response (Vaccinations) Order 2021 for signature, HR 
20210940 (28 April 2021), https://www.health.govt.nz/system/files/2022-09/h202201139_response.pdf, p 1

⁴⁰¹ Ministry of Business, Innovation and Employment, COVID-19 vaccination requirements for high risk work 
in Managed Isolation and Quarantine facilities and by public agency workers at affected airports, affected 
ports and affected ships (16 April 2021)

⁴⁰² Ministry of Health, COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 for signing 
(8 July 2021), https://www.health.govt.nz/system/files/2022-12/20211520_briefing.pdf, p 3

⁴⁰³ Ministry of Health, COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 for signing 
(8 July 2021), https://www.health.govt.nz/system/files/2022-12/20211520_briefing.pdf, p 5

⁴⁰⁴ Ministry of Health, COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 for signing 
(8 July 2021), https://www.health.govt.nz/system/files/2022-12/20211520_briefing.pdf, p 5

⁴⁰⁵ Ministry of Health, COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 for signing 
(8 July 2021), https://www.health.govt.nz/system/files/2022-12/20211520_briefing.pdf, p 4

⁴⁰⁶ Cabinet Paper and Minute, CAB-21-MIN-0421, COVID-19: Confirming a Strategy for a Highly Vaccinated 
New Zealand (18 October 2021), https://www.dpmc.govt.nz/sites/default/files/2023-01/COVID-19-
Confirming-a-strategy-for-a-highly-vaccinated-New-Zealand.pdf, p 1

⁴⁰⁷ Department of the Prime Minister and Cabinet, internal email: Weekly modelling results 
(1 November 2021)

⁴⁰⁸ Ministry of Health, Briefing: COVID-19 Public Health Response (Vaccinations) Amendment (No 3) 
Order 2021: Health Workers, Prison Staff, Educators – for signature (22 October 2021)

⁴⁰⁹ This included schools, kura and early childhood education services. A later amendment, COVID-19 
Public Health Response (Vaccinations) Amendment Order (No 4) 2021, clarified that only licensed 
early childhood services, as distinct from unlicensed, were covered by the requirements. Hostels and 
university managed accommodation were also included. See https://www.legislation.govt.nz/regulation/
public/2021/0358/latest/whole.html

⁴¹⁰ Ministry of Health, Briefing: COVID-19 Public Health Response (Vaccinations) Amendment (No 3) 
Order 2021: Health Workers, Prison Staff, Educators – for signature (22 October 2021)

⁴¹¹ Ministry of Health, Final report summary: COVID-19 and National Immunisation Programme research 
– the role of vaccine mandates in New Zealand’s COVID-19 response (n.d), https://ndhadeliver.natlib.
govt.nz/webarchive/20250731141805mp_/https://www.health.govt.nz/system/files/2025-03/PROP-020-
Summary-report.pdf

⁴¹² COVID-19 Public Health Response (Vaccinations) Amendment Order (No. 3) 2021, as at 26 September 2022,
cl.2, https://www.legislation.govt.nz/regulation/public/2021/0325/latest/whole.html

⁴¹³ COVID-19 Public Health Response (Vaccinations) Amendment Order (No. 3) 2021, as at 26 September 
2022, cl. 5,6,7, https://www.legislation.govt.nz/regulation/public/2021/0325/latest/whole.html

⁴¹⁴ Ministry of Health, Policy decisions required for a further amendment to the COVID-19 Public Health 
Response (Vaccinations) Order 2021, HR20212479 (11 November 2021), https://www.health.govt.nz/
system/files/2022-12/20212479_briefing.pdf, p 1

⁴¹⁵ Ministry of Health, Policy decisions required for further amendments to the COVID-19 Public Health 
Response (Vaccinations) Order 2021, HR202212418 (3 November 2021), https://www.health.govt.nz/
system/files/2022-12/202212418_briefing.pdf, p 2

⁴¹⁶ Jennifer Wright v Minister for COVID-19 Response [2023] NZHC 480

⁴¹⁷ Cabinet Paper and Minute CAB-21-MIN-0413, Requiring High Risk Work in the Health and Disability 
Sector to be undertaken by vaccinated workers (11 October 2021), https://www.health.govt.nz/
information-releases/requiring-high-risk-work-in-the-health-and-disability-sector-to-be-undertaken-byvaccinated-workers

⁴¹⁸ Cabinet Paper and Minute CAB-21-MIN-0413, Requiring High Risk Work in the Health and Disability 
Sector to be undertaken by vaccinated workers (11 October 2021), https://www.health.govt.nz/
information-releases/requiring-high-risk-work-in-the-health-and-disability-sector-to-be-undertaken-byvaccinated-workers, p 2

⁴¹⁹ Cabinet Paper and Minute CAB-21-MIN-0413, Requiring High Risk Work in the Health and Disability 
Sector to be undertaken by vaccinated workers (11 October 2021), https://www.health.govt.nz/
information-releases/requiring-high-risk-work-in-the-health-and-disability-sector-to-be-undertaken-byvaccinated-workers, p 3

⁴²⁰ Although the Cabinet paper informing the decision did not provide information about vaccination levels 
in prison, a later analysis noted that about 66 percent of the prison population had received a first dose 
of the vaccine and 44 percent had received a second dose as at 11 October 2021. This was lower than 
rates in the general population. Department of Corrections, Regulatory impact analysis: Removing prison 
workers from the COVID-19 Public Health Response (Vaccinations) Order 2021 (15 June 2022), https://
www.corrections.govt.nz/resources/policy_and_legislation/regulatory_impact_analysis_removing_prison_
workers_from_the_covid-19_public_health_response_vaccinations_order_2021
Cabinet Paper and Minute, CAB-21-MIN-0422, COVID-19 Response: 18 October Review of Alert Level 
Settings (18 October 2021), https://www.dpmc.govt.nz/sites/default/files/2023-01/ALC11-18102021-
COVID-19-Response-18-October-Review-of-Alert-Level-Settings.pdf, p 19

⁴²¹ Cabinet Paper and Minute, CAB-21-MIN-0422, COVID-19 Response: 18 October Review of Alert Level 
Settings (18 October 2021), https://www.dpmc.govt.nz/sites/default/files/2023-01/ALC11-18102021-
COVID-19-Response-18-October-Review-of-Alert-Level-Settings.pdf, p 19

⁴²² Cabinet Paper and Minute, CAB-21-MIN-0422, COVID-19 Response: 18 October Review of Alert Level 
Settings (18 October 2021), https://www.dpmc.govt.nz/sites/default/files/2023-01/ALC11-18102021-
COVID-19-Response-18-October-Review-of-Alert-Level-Settings.pdf, p 19

⁴²³ Cabinet Paper and Minute, CAB-21-MIN-0414, Education System Vaccination and Testing Requirements 
(11 October 2021)

⁴²⁴ Cabinet Paper and Minute, CAB-21-MIN-0414, Education System Vaccination and Testing Requirements 
(11 October 2021)

⁴²⁵ Crown Law Office, Affidavit of Dr Ashley Robin Bloomfield on behalf of the respondents 
NZDSOS v Minister for COVID-19 Response, CIV-2021-485-595 (18 February 2022)
NZ Royal Commission of Inquiry into COVID-19 Lessons Learned: Phase Two, interview with 
Rt. Hon. Chris Hipkins (4 August 2025) 
NZ Royal Commission of Inquiry into COVID-19 Lessons Learned: Phase Two, interview with 
Rt. Hon. Chris Hipkins (15 September 2025) 

⁴²⁶ COVID-19 Public Health Response (Vaccinations) Order 2021 (as at 29 November 2021), 
https://www.legislation.govt.nz/regulation/public/2021/0094/52.0/whole.html

⁴²⁷ COVID-19 Vaccine Technical Advisory Group (CV TAG) advice to Ministry of Health, New Zealand definition 
of fully vaccinated for use inside the New Zealand border (5 November 2021), https://www.tewhatuora.
govt.nz/assets/About-us/Who-we-are/Expert-groups/COVID-19-Vaccine-Technical-Advisory-Group-CVTAG/New-Zealand-definition-of-fully-vaccinated-for-use-inside-the-New-Zealand.pdf, pp 3, 4

⁴²⁸ COVID-19 Vaccine Technical Advisory Group Memo: COVID-19 Vaccine Technical Advisory Group (CV TAG) 
position statement: Vaccination mandates in those under 18 years of age (9 December 2021), https://
www.tewhatuora.govt.nz/assets/About-us/Who-we-are/Expert-groups/COVID-19-Vaccine-TechnicalAdvisory-Group-CV-TAG/Vaccination-mandates-in-those-under-18-years-of-age.pdf

⁴²⁹ COVID-19 Vaccine Technical Advisory Group Memo: COVID-19 Vaccine Technical Advisory Group (CV TAG) 
position statement: Vaccination mandates in those under 18 years of age (9 December 2021), https://
www.tewhatuora.govt.nz/assets/About-us/Who-we-are/Expert-groups/COVID-19-Vaccine-TechnicalAdvisory-Group-CV-TAG/Vaccination-mandates-in-those-under-18-years-of-age.pdf, p 2

⁴³⁰ COVID-19 Vaccine Technical Advisory Group Memo: COVID-19 Vaccine Technical Advisory Group (CV TAG) 
position statement: Vaccination mandates in those under 18 years of age (9 December 2021), https://
www.tewhatuora.govt.nz/assets/About-us/Who-we-are/Expert-groups/COVID-19-Vaccine-TechnicalAdvisory-Group-CV-TAG/Vaccination-mandates-in-those-under-18-years-of-age.pdf, p2

⁴³¹ Ministry of Health, Policy decisions required for further amendments to the COVID-19 Public Health 
Response (Vaccinations) Order (No. 7) 2021 (22 December 2021)

⁴³² Ministry of Health, Policy decisions required for further amendments to the COVID-19 Public Health 
Response (Vaccinations) Order (No. 7) 2021 (22 December 2021)

⁴³³ The amendments allowed the Minister for Workplace Relations and Safety or the Minister ‘who, 
under the authority of any warrant or with the authority of the Prime Minister, is responsible for the 
administration of those sections’ to make Orders. COVID-19 Response (Vaccinations) Legislation Act 2021, 
s 4, https://www.legislation.govt.nz/act/public/2021/0051/latest/whole.html#LMS603405

⁴³⁴ COVID-19 Response (Vaccinations) Legislation Act 2021, s 11AA (1)(c)(ii), https://www.legislation.govt.nz/
act/public/2021/0051/latest/LMS603365.html

⁴³⁵ COVID-19 Response (Vaccinations) Legislation Act 2021, s 11AA (2) https://www.legislation.govt.nz/act/
public/2021/0051/latest/LMS603365.html

⁴³⁶ Cabinet Paper, Requiring COVID-19 vaccination for work through Government mandates and employer 
decisions (22 November 2021), https://www.mbie.govt.nz/dmsdocument/19935-requiring-covid-19-
vaccination-for-work-through-government-mandates-and-employer-requirements-proactiverelease-pdf, p 7

⁴³⁷ Cabinet Minute, CAB-21-MIN-0436, Supporting COVID-19 vaccination requirements in the workplace 
(26 October 2021), https://www.mbie.govt.nz/dmsdocument/19929-supporting-covid-19-vaccinationrequirements-in-the-workplace-minute-of-decision-proactiverelease-pdf, p 1

⁴³⁸ Cabinet Paper, Requiring COVID-19 vaccination for work through Government mandates and employer 
decisions (22 November 2021), https://www.mbie.govt.nz/dmsdocument/19935-requiring-covid-19-
vaccination-for-work-through-government-mandates-and-employer-requirements-proactiverelease-pdf, p 7

⁴³⁹ Cabinet Paper, Requiring COVID-19 vaccination for work through Government mandates and employer 
decisions (22 November 2021), https://www.mbie.govt.nz/dmsdocument/19935-requiring-covid-19-
vaccination-for-work-through-government-mandates-and-employer-requirements-proactiverelease-pdf, p 8

⁴⁴⁰ Cabinet Paper, Requiring COVID-19 vaccination for work through Government mandates and employer 
decisions (22 November 2021), https://www.mbie.govt.nz/dmsdocument/19935-requiring-covid-19-
vaccination-for-work-through-government-mandates-and-employer-requirements-proactiverelease-pdf, 
pp 11–12

⁴⁴¹ Cabinet Paper, Requiring COVID-19 vaccination for work through Government mandates and employer 
decisions (22 November 2021), https://www.mbie.govt.nz/dmsdocument/19935-requiring-covid-19-
vaccination-for-work-through-government-mandates-and-employer-requirements-proactiverelease-pdf, p 8

⁴⁴² Cabinet Paper, Requiring COVID-19 vaccination for work through Government mandates and employer 
decisions (22 November 2021), https://www.mbie.govt.nz/dmsdocument/19935-requiring-covid-19-
vaccination-for-work-through-government-mandates-and-employer-requirements-proactiverelease-pdf, p 8

⁴⁴³ Cabinet Paper, Requiring COVID-19 vaccination for work through Government mandates and employer 
decisions (22 November 2021), https://www.mbie.govt.nz/dmsdocument/19935-requiring-covid-19-
vaccination-for-work-through-government-mandates-and-employer-requirements-proactiverelease-pdf, p 8

⁴⁴⁴ Cabinet Paper, Requiring COVID-19 vaccination for work through Government mandates and employer 
decisions (22 November 2021), https://www.mbie.govt.nz/dmsdocument/19935-requiring-covid-19-
vaccination-for-work-through-government-mandates-and-employer-requirements-proactiverelease-pdf, p 12

⁴⁴⁵ Cabinet Paper, Requiring COVID-19 vaccination for work through Government mandates and employer 
decisions (22 November 2021), https://www.mbie.govt.nz/dmsdocument/19935-requiring-covid-19-
vaccination-for-work-through-government-mandates-and-employer-requirements-proactiverelease-pdf, p 12

⁴⁴⁶ Cabinet Paper, Requiring COVID-19 vaccination for work through Government mandates and employer 
decisions (22 November 2021), https://www.mbie.govt.nz/dmsdocument/19935-requiring-covid-19-
vaccination-for-work-through-government-mandates-and-employer-requirements-proactiverelease-pdf, p 55

⁴⁴⁷ NZ Royal Commission of Inquiry into COVID-19 Lessons Learned: Phase Two, interview with 
Rt. Hon. Chris Hipkins (4 August 2025)

⁴⁴⁸ COVID-19 Public Health Response (Specified Work Vaccinations) Order 2021, Schedule 1, Part (1), 
https://www.legislation.govt.nz/regulation/public/2021/0415/7.0/whole.html

⁴⁴⁹ Yardley v Minister for Workplace Relations and Safety [2022] NZHC 291 

⁴⁵⁰ Chief of the Defence Force v Four members of the Armed Forces [2025] NZSC 34

⁴⁵¹ COVID-19 Public Health Response (Vaccination) Order 2021, as at 6 November 2021, s 7A, 
https://www.legislation.govt.nz/regulation/public/2021/0094/36.0/whole.html#LMS487853

⁴⁵² Ministry of Health, Policy decisions required for further amendments to the COVID-19 Public Health 
Response (Vaccinations) Order 2021 (3 November 2021)

⁴⁵³ Ministry of Health, Policy decisions required for further amendments to the COVID-19 Public Health 
Response (Vaccinations) Order 2021 (3 November 2021)

⁴⁵⁴ NZ Royal Commission of Inquiry into COVID-19 Lessons Learned: Phase Two, interview with 
Sir Ashley Bloomfield (11 September 2025)

⁴⁵⁵ NZ Royal Commission of Inquiry into COVID-19 Lessons Learned: Phase Two, interview with 
Sir Ashley Bloomfield (11 September 2025)

⁴⁵⁶ Crown Law Office, Second Affidavit of Dr Ashley Robin Bloomfield on behalf of the respondents, 
NZDSOS v Minister for COVID-19 Response, CIV-2021-485-595 (1 March 2022)

457 COVID-19 Public Health Response (Vaccinations) Amendment Order (No 3) 2021, s 12A, https://www.
legislation.govt.nz/regulation/public/2021/0325/latest/LMS579370.html

⁴⁵⁸ Reuters, Fact Check: New Zealand’s 11,000 vaccine-exempt were health staff, not ‘elites’ 
(13 January 2024), https://www.reuters.com/fact-check/new-zealands-11000-vaccine-exempt-were-healthstaff-not-elites-2024-01-12/

⁴⁵⁹ NZ Royal Commission of Inquiry into COVID-19 Lessons Learned: Phase Two, interview with 
Sir Ashley Bloomfield (11 September 2025)

⁴⁶⁰ Ministry of Health, Policy decisions required for further amendments to the COVID-19 Public Health 
Response (Vaccinations) Order 2021, HR202212418 (3 November 2021), https://www.health.govt.nz/
system/files/2022-12/202212418_briefing.pdf

⁴⁶¹ NZ Royal Commission of Inquiry into COVID-19 Lessons Learned: Phase Two (2026), Pandemic 
Perspectives, https://www.covid19lessons.royalcommission.nz/reports-lessons-learned/phase-two/
pandemic-perspectives, p 98

⁴⁶² NZ Royal Commission of Inquiry into COVID-19 Lessons Learned: Phase Two (2026), Pandemic 
Perspectives, https://www.covid19lessons.royalcommission.nz/reports-lessons-learned/phase-two/
pandemic-perspectives, p 98

⁴⁶³ NZ Royal Commission of Inquiry into COVID-19 Lessons Learned: Phase Two (2026), Pandemic 
Perspectives, https://www.covid19lessons.royalcommission.nz/reports-lessons-learned/phase-two/
pandemic-perspectives, p 99

⁴⁶⁴ NZ Royal Commission of Inquiry into COVID-19 Lessons Learned: Phase Two, interview with 
Sir Ashley Bloomfield (11 September 2025)

⁴⁶⁵ NZ Royal Commission of Inquiry into COVID-19 Lessons Learned: Phase Two, interview with 
Rt. Hon. Dame Jacinda Ardern (30 July 2025)

⁴⁶⁶ Ministry of Health, COVID-19 variants (last updated 20 October 2025), https://www.health.govt.nz/
strategies-initiatives/programmes-and-initiatives/covid-19/covid-19-variants

⁴⁶⁷ Our World in Data, Daily new confirmed COVID-19 cases, 9 January 2020 to 10 August 2025, 
https://ourworldindata.org/explorers/covid?Metric=Confirmed+cases&Interval=7-day+rolling+average&R
elative+to+population=false&country=~NZL

⁴⁶⁸ Ministry of Health, Memo, Priority groups for COVID-19 booster vaccinations: COVID-19 Vaccine Technical 
Advisory Group (CV TAG) recommendations (10 November 2021), https://www.tewhatuora.govt.nz/
assets/About-us/Who-we-are/Expert-groups/COVID-19-Vaccine-Technical-Advisory-Group-CV-TAG/
Recommendations-to-provide-a-booster-vaccination.pdf

⁴⁶⁹ Ministry of Health, Policy decisions required for further amendments to the COVID-19 Public Health 
Response (Vaccinations) Order (No.7) 2021 (22 December 2021)

⁴⁷⁰ Cabinet Paper and Minute, CAB-22-MIN-0086, The COVID-19 Response after the Peak of Omicron 
(21 March 2022), https://covid19.govt.nz/assets/Proactive-Releases/Alert-levels-and-restrictions/13-
July-2022/PO01-21032022-The-COVID-Response-After-the-Peak-of-Omicron.pdf, p 2

⁴⁷¹ Cabinet Paper and Minute, CAB-22-MIN-0086, The COVID-19 Response after the Peak of Omicron 
(21 March 2022), https://covid19.govt.nz/assets/Proactive-Releases/Alert-levels-and-restrictions/13-
July-2022/PO01-21032022-The-COVID-Response-After-the-Peak-of-Omicron.pdf, p 2

⁴⁷² Cabinet Paper and Minute, CAB-22-MIN-0086, The COVID-19 Response after the Peak of Omicron 
(21 March 2022), https://covid19.govt.nz/assets/Proactive-Releases/Alert-levels-and-restrictions/13-
July-2022/PO01-21032022-The-COVID-Response-After-the-Peak-of-Omicron.pdf, p 11

⁴⁷³ Cabinet Paper and Minute, CAB-22-MIN-0086, The COVID-19 Response after the Peak of Omicron 
(21 March 2022), https://covid19.govt.nz/assets/Proactive-Releases/Alert-levels-and-restrictions/13-
July-2022/PO01-21032022-The-COVID-Response-After-the-Peak-of-Omicron.pdf, p 11

⁴⁷⁴ Cabinet Paper and Minute, CAB-22-MIN-0086, The COVID-19 Response after the Peak of Omicron 
(21 March 2022), https://covid19.govt.nz/assets/Proactive-Releases/Alert-levels-and-restrictions/13-
July-2022/PO01-21032022-The-COVID-Response-After-the-Peak-of-Omicron.pdf, p 12

⁴⁷⁵ Cabinet Paper and Minute, CAB-22-MIN-0086, The COVID-19 Response after the Peak of Omicron 
(21 March 2022), https://covid19.govt.nz/assets/Proactive-Releases/Alert-levels-and-restrictions/13-
July-2022/PO01-21032022-The-COVID-Response-After-the-Peak-of-Omicron.pdf, Minute rec 8, p 1 

⁴⁷⁶ Cabinet Paper and Minute, CAB-22-MIN-0086, The COVID-19 Response after the Peak of Omicron 
(21 March 2022), https://covid19.govt.nz/assets/Proactive-Releases/Alert-levels-and-restrictions/13-
July-2022/PO01-21032022-The-COVID-Response-After-the-Peak-of-Omicron.pdf Minute rec 6, p 1 

⁴⁷⁷ Ministry of Health, Review of border workers covered by the COVID-19 Public Health Response 
(Vaccinations) Order 2021 HR20220891 (19 May 2022), https://www.health.govt.nz/system/files/2022-09/
h202208059_response_0.pdf, p 6

⁴⁷⁸ Ministry of Health, Review of border workers covered by the COVID-19 Public Health Response 
(Vaccinations) Order 2021 HR20220891 (19 May 2022), https://www.health.govt.nz/system/files/2022-09/
h202208059_response_0.pdf, p 7

⁴⁷⁹ Ministry of Health, Review of border workers covered by the COVID-19 Public Health Response 
(Vaccinations) Order 2021 HR20220891 (19 May 2022), https://www.health.govt.nz/system/files/2022-09/
h202208059_response_0.pdf, p 2

⁴⁸⁰ Ministry of Health, COVID-19 Public Health Response (Vaccination) Amendment Order (No 5) 2022 – for 
signature (29 June 2022), https://www.health.govt.nz/system/files/2022-09/h202208059_response_0.pdf

⁴⁸¹ Department of Corrections, Regulatory impact analysis: Removing prison workers from the COVID-19 
Public Health Response (Vaccinations) Order 2021 (15 June 2022), https://www.corrections.govt.nz/
resources/policy_and_legislation/regulatory_impact_analysis_removing_prison_workers_from_the_
covid-19_public_health_response_vaccinations_order_2021, p 4

⁴⁸² Department of Corrections, Regulatory impact analysis: Removing prison workers from the COVID-19 
Public Health Response (Vaccinations) Order 2021 (15 June 2022), https://www.corrections.govt.nz/
resources/policy_and_legislation/regulatory_impact_analysis_removing_prison_workers_from_the_
covid-19_public_health_response_vaccinations_order_2021, p 7

⁴⁸³ Department of Corrections, Regulatory impact analysis: Removing prison workers from the COVID-19 
Public Health Response (Vaccinations) Order 2021 (15 June 2022), https://www.corrections.govt.nz/
resources/policy_and_legislation/regulatory_impact_analysis_removing_prison_workers_from_the_
covid-19_public_health_response_vaccinations_order_2021, p 13

⁴⁸⁴ Ministry of Health, Cabinet report back on review of health and disability sector workers covered by the 
COVID-19 Public Health Response (Vaccinations) Order 2021, and the Department of Corrections review 
of the Order as it applies to prison workers (1 April 2022)

⁴⁸⁵ Ministry of Health, Cabinet report back on review of health and disability sector workers covered by the 
COVID-19 Public Health Response (Vaccinations) Order 2021, and the Department of Corrections review 
of the Order as it applies to prison workers (1 April 2022)

⁴⁸⁶ Cabinet Minute, SWC-22MIN-0078, Review of Health and Disability Sector and Prison Workers Covered 
by the COVID-19 Public Health Response (Vaccinations) Order 2021 (4 May 2022)

⁴⁸⁷ Cabinet Social Wellbeing Committee Paper, Report back on review of health and disability sector 
workers and prison workers covered by the COVID-19 Public Health Response (Vaccinations) Order 2021 
(4 May 2022) 

⁴⁸⁸ Cabinet Social Wellbeing Committee Paper, Report back on review of health and disability sector 
workers and prison workers covered by the COVID-19 Public Health Response (Vaccinations) Order 2021 
(4 May 2022)

⁴⁸⁹ Ministry of Health, Review of the COVID-19 Public Health Response (Vaccinations) Order (29 August 2022)

⁴⁹⁰ Ministry of Health, Review of the COVID-19 Public Health Response (Vaccinations) Order (29 August 2022)

⁴⁹¹ Cabinet Minute, CAB-21-MIN-0436, Supporting COVID-19 vaccination requirements in the workplace 
(26 October 2021), https://www.mbie.govt.nz/dmsdocument/19929-supporting-covid-19-vaccination-requirements-in-the-workplace-minute-of-decision-proactiverelease-pdf

⁴⁹² Rt. Hon. Chris Hipkins, written response to NZ Royal Commission of Inquiry into COVID-19 
Lessons Learned: Phase Two request (1 August 2025)

⁴⁹³ NZ Royal Commission of Inquiry into COVID-19 Lessons Learned: Phase Two, interview with 
Rt. Hon. Dame Jacinda Ardern (30 July 2025)
NZ Royal Commission of Inquiry into COVID-19 Lessons Learned: Phase Two, interview with 
Rt. Hon. Chris Hipkins (4 August 2025)

⁴⁹⁴ Department of the Prime Minister and Cabinet and Ministry of Health, Initial Advice on the Domestic 
Use of COVID-19 Vaccination Certificates (17 September 2021), https://www.dpmc.govt.nz/sites/default/
files/2023-01/Initial-advice-on-the-domestic-use-of-COVID-19-Vaccination-certificates.pdf, p 6

⁴⁹⁵ Department of the Prime Minister and Cabinet and Ministry of Health, Initial Advice on the Domestic 
Use of COVID-19 Vaccination Certificates (17 September 2021), https://www.dpmc.govt.nz/sites/default/
files/2023-01/Initial-advice-on-the-domestic-use-of-COVID-19-Vaccination-certificates.pdf, p 1

⁴⁹⁶ Department of the Prime Minister and Cabinet and Ministry of Health, The Domestic Use of COVID-19 
Vaccination Certificates in High-Risk Settings (24 September 2021), https://www.dpmc.govt.nz/sites/default/
files/2023-01/The-domestic-use-of-COVID-19-Certificates-in-high-risk-settings.pdf, p 1

⁴⁹⁷ Department of the Prime Minister and Cabinet and Ministry of Health, The Domestic Use of COVID-19 
Vaccination Certificates in High-Risk Settings (24 September 2021), https://www.dpmc.govt.nz/sites/default/
files/2023-01/The-domestic-use-of-COVID-19-Certificates-in-high-risk-settings.pdf, p 2

⁴⁹⁸ Department of the Prime Minister and Cabinet and Ministry of Health, COVID-19 Vaccine Certificates 
– Settings for Domestic Use (14 October 2021), https://www.dpmc.govt.nz/sites/default/files/2023-01/
COVID-19-Vaccine-Certificates-settings-for-domestic-use.pdf

⁴⁹⁹ Cabinet Minute, CAB-21-MIN-0420, COVID-19: Confirming a strategy for a highly vaccinated New Zealand, 
(18 October 2021), https://www.dpmc.govt.nz/sites/default/files/2023-01/COVID-19-Confirming-astrategy-for-a-highly-vaccinated-New-Zealand.pdf, p 2

⁵⁰⁰ Cabinet Minute, CAB-21-MIN-0420, COVID-19: Confirming a strategy for a highly vaccinated New Zealand, 
(18 October 2021), https://www.dpmc.govt.nz/sites/default/files/2023-01/COVID-19-Confirming-astrategy-for-a-highly-vaccinated-New-Zealand.pdf, p 2

⁵⁰¹ Cabinet Minute, CAB-21-MIN-0436, Supporting COVID-19 vaccination requirements in the workplace 
(26 October 2021), https://www.mbie.govt.nz/dmsdocument/19929-supporting-covid-19-vaccinationrequirements-in-the-workplace-minute

⁵⁰² See, for example, Cabinet Paper, COVID-19: Confirming a Strategy for Highly Vaccinated New Zealand 
(18 October 2021), https://www.dpmc.govt.nz/sites/default/files/2023-01/COVID-19-Confirming-astrategy-for-a-highly-vaccinated-New-Zealand.pdf, pp 4, 5, 7

⁵⁰³ Cabinet Paper and Minute, CAB-21-MIN-0421, COVID-19 Confirming a Strategy for a Highly Vaccinated 
New Zealand (18 October 2021), https://www.dpmc.govt.nz/sites/default/files/2023-01/COVID-19-
Confirming-a-strategy-for-a-highly-vaccinated-New-Zealand.pdf, p 6

⁵⁰⁴ Cabinet Paper and Minute, CAB-21-MIN-0421, COVID-19 Confirming a Strategy for a Highly Vaccinated 
New Zealand (18 October 2021), https://www.dpmc.govt.nz/sites/default/files/2023-01/COVID-19-
Confirming-a-strategy-for-a-highly-vaccinated-New-Zealand.pdf, p 6

⁵⁰⁵ COVID-19 Response (Vaccinations) Legislation Act 2021, https://www.legislation.govt.nz/act/
public/2021/0051/latest/LMS603407.html
Cabinet Minute, CAB-21-MIN-0436, Supporting COVID-19 vaccination requirements in the workplace 
(26 October 2021), https://www.mbie.govt.nz/dmsdocument/19929-supporting-covid-19-vaccinationrequirements-in-the-workplace-minute-of-decision-proactiverelease-pdf,

⁵⁰⁶ Dan Satherley, ‘Coronavirus: Jacinda Ardern confident enough Kiwis will get COVID-19 vaccine 
for herd immunity without being forced to’, Stuff (22 September 2020), https://www.stuff.co.nz/
politics/350546399/coronavirus-jacinda-ardern-confident-enough-ki-wis-will-get-covid-19-vaccine-forherd-immunity-without-being-forced-to

⁵⁰⁷ Claire Trevett, ‘Covid-19 coronavirus: PM Jacinda Ardern on the next six months, a vaccination pass 
and the Delta plan’, New Zealand Herald (7 August 2021), https://www.nzherald.co.nz/nz/covid-19-
coronavirus-pm-jacinda-ardern-on-the-next-six-months-a-vaccination-pass-and-the-delta-plan/5S4EAK2L
BHGB4URVFV7CJX3VRA/

⁵⁰⁸ Derek Cheng, ‘Covid-19 coronavirus: Derek Cheng – Why Jacinda Ardern has done a u-turn and wants two 
classes of Kiwis’, New Zealand Herald (27 October 2021), https://www.nzherald.co.nz/nz/politics/covid19-coronavirus-derek-cheng-why-jacinda-ardern-has-done-a-u-turn-and-wants-two-classes-of-kiwis/
KT625N5BGU65C3ASZKXXSIAZDE/

⁵⁰⁹ Hon. David Parker, The Legal and Constitutional implications of New Zealand’s Fight against Covid 
(2 December 2021), https://www.beehive.govt.nz/speech/legal-and-constitutional-implications-newzealand%E2%80%99s-fight-against-covid

⁵¹⁰ Cabinet Minute and Paper, CAB-22-MIN-0086, The COVID-19 Response for Post-peak Omicron 
(21 March 2022), https://covid19.govt.nz/assets/Proactive-Releases/Alert-levels-and-restrictions/13-
July-2022/PO01-21032022-The-COVID-Response-After-the-Peak-of-Omicron.pdf, p 13

⁵¹¹ Cabinet Paper and Minute, CAB-22-MIN-0086, The COVID-19 Response after the Peak of Omicron 
(21 March 2022), https://covid19.govt.nz/assets/Proactive-Releases/Alert-levels-and-restrictions/13-
July-2022/PO01-21032022-The-COVID-Response-After-the-Peak-of-Omicron.pdf, p 13

⁵¹² Cabinet Paper and Minute, CAB-22-MIN-0086, The COVID-19 Response after the Peak of Omicron 
(21 March 2022), https://covid19.govt.nz/assets/Proactive-Releases/Alert-levels-and-restrictions/13-
July-2022/PO01-21032022-The-COVID-Response-After-the-Peak-of-Omicron.pdf, p 13

⁵¹³ The COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 
2022 (SL 2022/89), https://www.legislation.govt.nz/regulation/public/2022/0089/13.0/whole.html
Cabinet Paper and Minute, CAB-22-MIN-0086, The COVID-19 Response after the Peak of Omicron (21 
March 2022), https://covid19.govt.nz/assets/Proactive-Releases/Alert-levels-and-restrictions/13-July-2022/
PO01-21032022-The-COVID-Response-After-the-Peak-of-Omicron.pdf

⁵¹⁴ Rt. Hon. Chris Hipkins, written response to NZ Royal Commission of Inquiry into COVID-19 Lessons 
Learned: Phase Two request (1 August 2025)

⁵¹⁵ This term is used in the Health and Safety at Work Act 2015 to describe a broad range of working 
arrangements that the Act applies to

⁵¹⁶ Health and Safety at Work Act 2015, Section 36, https://www.legislation.govt.nz/act/public/2015/0070/
latest/DLM5976895.html

⁵¹⁷ Cabinet Paper, Supporting COVID-19 vaccination requirements in the workplace (26 October 2021), 
https://www.mbie.govt.nz/dmsdocument/19926-supporting-covid-19-vaccination-requirements-in-theworkplace-proactiverelease-pdf, p 4

⁵¹⁸ Cabinet Paper, Requiring COVID-19 vaccination for work through Government mandates and employer 
decisions (22 November 2021), https://www.mbie.govt.nz/dmsdocument/19935-requiring-covid-19-
vaccination-for-work-through-government-mandates-and-employer-requirements-proactiverelease-pdf, p 3

⁵¹⁹ NZ Royal Commission of Inquiry into COVID-19 Lessons Learned: Phase Two, interview with 
Rt. Hon. Dame Jacinda Ardern (30 July 2025)

⁵²⁰ Cabinet Paper, Supporting COVID-19 vaccination requirements in the workplace (26 October 2021), 
https://www.mbie.govt.nz/dmsdocument/19926-supporting-covid-19-vaccination-requirements-in-theworkplace-proactiverelease-pdf, p 1

⁵²¹ Cabinet Paper, Supporting COVID-19 vaccination requirements in the workplace (26 October 2021), 
https://www.mbie.govt.nz/dmsdocument/19926-supporting-covid-19-vaccination-requirements-in-theworkplace-proactiverelease-pdf, p 2

⁵²² Cabinet Minute, CAB-21-MIN-0436, Supporting COVID-19 vaccination requirements in the workplace 
(26 October 2021), https://www.mbie.govt.nz/dmsdocument/19929-supporting-covid-19-vaccinationrequirements-in-the-workplace-minute-of-decision-proactiverelease-pdf, p 3

⁵²³ Cabinet Minute, CAB-21-MIN-0436, Supporting COVID-19 vaccination requirements in the workplace 
(26 October 2021), https://www.mbie.govt.nz/dmsdocument/19929-supporting-covid-19-vaccinationrequirements-in-the-workplace-minute-of-decision-proactiverelease-pdf, p 4

⁵²⁴ Cabinet Paper, Requiring COVID-19 vaccination for work through Government mandates and employer 
decisions (22 November 2021), https://www.mbie.govt.nz/dmsdocument/19935-requiring-covid-19-
vaccination-for-work-through-government-mandates-and-employer-requirements-proactiverelease-pdf, 
p 3, para 33

⁵²⁵ Adapted from Cabinet Paper, Approval of COVID-19 Public Health Response (Vaccination Assessment 
Tool) Regulations 2021 and amendment of COVID-19 Public Health Response (Infringement Offences) 
Regulations 2021 (13 December 2021), https://www.mbie.govt.nz/dmsdocument/19947-approval-ofcovid-19-phr-vaccination-assessment-tool-regulations-2021-proactiverelease and COVID-19 Public Health 
Response (Vaccination Assessment Tool) Regulations 2021, https://www.legislation.govt.nz/regulation/
public/2021/0418/17.0/LMS616557.html

⁵²⁶ Cabinet Paper, Requiring COVID-19 vaccination for work through Government mandates and employer 
decisions (22 November 2021), https://www.mbie.govt.nz/dmsdocument/19935-requiring-covid-19-
vaccination-for-work-through-government-mandates-and-employer-requirements-proactiverelease-pdf, p 19

⁵²⁷ COVID-19 Response (Vaccinations) Legislation Act 2021,Section 13, which inserts sections 33AA and 33AB 
in the COVID-19 Public Health Response Act 2020, https://www.legislation.govt.nz/act/public/2021/0051/
latest/LMS603431.html

⁵²⁸ Cabinet Minute, CAB-21-MIN-0533, Approval of COVID-19 Public Health Response (Vaccination 
Assessment Tool) Regulations 2021 and amendment of COVID-19 Public Health Response (Infringement 
Offences) Regulations 2021 (13 December 2021), https://www.mbie.govt.nz/dmsdocument/19950-
approval-of-covid-19-phr-vaccination-assessment-tool-regulations-2021-minute-of-decision

₅₂₉ COVID-19 Public Health Response (Vaccination Assessment Tool) Regulations 2021, https://www.
legislation.govt.nz/regulation/public/2021/0418/latest/whole.html

⁵³⁰ SunLive, ‘Vaccine certificates provided business certainty’ (30 October 2021), https://www.sunlive.co.nz/
news/279832-vaccine-certificates-providing-business-certainty.html

⁵³¹ NZ Royal Commission of Inquiry into COVID-19 Lessons Learned: Phase Two, engagement with 
Chief Executives from Port Companies Across Aotearoa New Zealand (6 May 2025)

⁵³² New Zealand Council of Trade Unions, CTU COVID Response Policy (1 November 2021), https://union.org.
nz/wp-content/uploads/2021/11/CTU-COVID-Policy-Oct-2021.pdf, p 3

⁵³³ Cabinet Paper and Minute, CAB-22-MIN-0086, The COVID-19 Response after the Peak of Omicron 
(21 March 2022), https://covid19.govt.nz/assets/Proactive-Releases/Alert-levels-and-restrictions/13-
July-2022/PO01-21032022-The-COVID-Response-After-the-Peak-of-Omicron.pdf, p 15

⁵³⁴ Cabinet Paper and Minute, CAB-22-MIN-0086, The COVID-19 Response after the Peak of Omicron 
(21 March 2022), https://covid19.govt.nz/assets/Proactive-Releases/Alert-levels-and-restrictions/13-
July-2022/PO01-21032022-The-COVID-Response-After-the-Peak-of-Omicron.pdf, p 36

⁵³⁵ Cabinet Paper, Approval of COVID-19 Public Health Response (Vaccination Assessment Tool) Regulations 
Revocation Order 2022 (17 June 2022), https://www.mbie.govt.nz/dmsdocument/22380-approvalof-covid-19-public-health-response-vaccination-assessment-tool-regulations-revocation-order-2022-
proactiverelease-pdf, p 3

⁵³⁶ Cabinet Paper, Approval of COVID-19 Public Health Response (Vaccination Assessment Tool) Regulations 
Revocation Order 2022 (17 June 2022), https://www.mbie.govt.nz/dmsdocument/22380-approvalof-covid-19-public-health-response-vaccination-assessment-tool-regulations-revocation-order-2022-
proactiverelease-pdf, p 3

⁵³⁷ Cabinet Paper, Approval of COVID-19 Public Health Response (Vaccination Assessment Tool) Regulations 
Revocation Order 2022 (17 June 2022), https://www.mbie.govt.nz/dmsdocument/22380-approvalof-covid-19-public-health-response-vaccination-assessment-tool-regulations-revocation-order-2022-
proactiverelease-pdf, p 3

⁵³⁸ Cabinet Minute, CAB-22-MIN-0166.01, Approval of COVID-19 Public Health Response (Vaccination 
Assessment Tool) Regulations Revocation Order 2022 (9 May 2022), https://www.mbie.govt.nz/
dmsdocument/22383-approval-of-covid-19-public-health-response-vaccination-assessment-toolregulations-revocation-order-2022-minute-of-decision-proactiverelease

⁵³⁹ Ministry of Health, COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 for signing 
(8 July 2021), https://www.health.govt.nz/system/files/2022-12/20211520_briefing.pdf, pp 6–7
Ministry of Health, Briefing: COVID-19 Public Health Response (Vaccinations) Amendment (No 3) 
Order 2021: Health Workers, Prison Staff, Educators – for signature (22 October 2021)

⁵⁴⁰ Ministry of Health, COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 for signing 
(8 July 2021), https://www.health.govt.nz/system/files/2022-12/20211520_briefing.pdf, p 7
Ministry of Health, COVID-19 Public Health Response (Vaccinations) Order 2021 for signature (28 April 2021), 
https://www.health.govt.nz/system/files/2022-09/h202201139_response.pdf, p 15

⁵⁴¹ Cabinet Paper, Requiring COVID-19 vaccination for work through Government mandates and employer 
decisions (22 November 2021), https://www.mbie.govt.nz/dmsdocument/19935-requiring-covid-19-
vaccination-for-work-through-government-mandates-and-employer-requirements-proactiverelease-pdf, p 11

⁵⁴² The Defence Force has since advised the Inquiry that because there already was high adherence due to 
internal orders, the risk of subsequent losses was considered low.

⁵⁴³ The Department of Corrections has advised the Inquiry that their Minister was updated on impacted 
staff numbers throughout the mandate process. 
Cabinet Paper and Minute, CAB-21-MIN-0422, COVID-19 Response: 18 October Review of Alert Level 
Settings (18 October 2021), https://www.dpmc.govt.nz/sites/default/files/2023-01/ALC11-18102021-
COVID-19-Response-18-October-Review-of-Alert-Level-Settings.pdf

⁵⁴⁴ Cabinet Paper and Minute, CAB-21-MIN-0414, Education System Vaccination and Testing Requirements 
(11 October 2021)

⁵⁴⁵ Cabinet Paper and Minute, CAB-21-MIN-0414, Education System Vaccination and Testing Requirements 
(11 October 2021)

⁵⁴⁶ Cabinet Paper and Minute CAB-21-MIN-0413, Requiring High Risk Work in the Health and Disability Sector 
to be undertaken by vaccinated workers (11 October 2021), https://www.health.govt.nz/informationreleases/requiring-high-risk-work-in-the-health-and-disability-sector-to-be-undertaken-by-vaccinatedworkers, p 7

⁵⁴⁷ Cabinet Paper and Minute CAB-21-MIN-0413, Requiring High Risk Work in the Health and Disability Sector 
to be undertaken by vaccinated workers (11 October 2021), https://www.health.govt.nz/informationreleases/requiring-high-risk-work-in-the-health-and-disability-sector-to-be-undertaken-by-vaccinatedworkers, p 7

⁵⁴⁸ Ministry of Health, COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 for 
signing (8 July 2021), https://www.health.govt.nz/system/files/2022-12/20211520_briefing.pdf, p 4

⁵⁴⁹ NZ Royal Commission of Inquiry into COVID-19 Lessons Learned: Phase Two, interview with 
Rt. Hon. Chris Hipkins (15 September 2025)

⁵⁵⁰ Employment and wage scarring are long-run losses of employment or income.

⁵⁵¹ Dean Hyslop and Wilbur Townsend, ‘The longer term impacts of job displacement on labour market 
outcomes’, Motu Working Paper 17–12 (May 2017), https://motu-www.motu.org.nz/wpapers/17_12.pdf

⁵⁵² Cabinet Paper and Minute CAB-21-MIN-0413, Requiring High Risk Work in the Health and Disability Sector 
to be undertaken by vaccinated workers (11 October 2021), https://www.health.govt.nz/informationreleases/requiring-high-risk-work-in-the-health-and-disability-sector-to-be-undertaken-by-vaccinatedworkers, p 8

⁵⁵³ NZ Royal Commission of Inquiry into COVID-19 Lessons Learned: Phase Two, analysis of Stats NZ’s 
Integrated Data Infrastructure and Longitudinal Business Database

⁵⁵⁴ NZ Royal Commission of Inquiry into COVID-19 Lessons Learned: Phase Two, analysis of Stats NZ’s 
Integrated Data Infrastructure and Longitudinal Business Database

⁵⁵⁵ NZ Royal Commission of Inquiry into COVID-19 Lessons Learned: Phase Two, analysis of Stats NZ’s 
Integrated Data Infrastructure and Longitudinal Business Database

⁵⁵⁶ Ministry of Business Innovation and Employment, Workplace COVID-19 vaccination: Issues and 
approaches (20 September 2021), https://www.mbie.govt.nz/dmsdocument/19965-workplace-covid-19-
vaccination-issues-and-approaches, p 3

⁵⁵⁷ Ministry of Business Innovation and Employment, Workplace COVID-19 vaccination: Issues and 
approaches (20 September 2021), https://www.mbie.govt.nz/dmsdocument/19965-workplace-covid-19-
vaccination-issues-and-approaches, Annex 1, p 6

⁵⁵⁸ Cabinet Paper, Supporting COVID-19 vaccination requirements in the workplace (26 October 2021), 
https://www.mbie.govt.nz/dmsdocument/19926-supporting-covid-19-vaccination-requirements-in-theworkplace-proactiverelease-pdf, p 9

⁵⁵⁹ Cabinet Paper, Supporting COVID-19 vaccination requirements in the workplace (26 October 2021), 
https://www.mbie.govt.nz/dmsdocument/19926-supporting-covid-19-vaccination-requirements-in-theworkplace-proactiverelease-pdf, p 9

⁵⁶⁰ Cabinet Minute, CAB-21-MIN-0436, Supporting COVID-19 vaccination requirements in the workplace 
(26 October 2021), https://www.mbie.govt.nz/dmsdocument/19929-supporting-covid-19-vaccinationrequirements-in-the-workplace-minute-of-decision-proactiverelease-pdf, p 3

⁵⁶¹ Cabinet Minute, CAB-21-MIN-0436, Supporting COVID-19 vaccination requirements in the workplace 
(26 October 2021), https://www.mbie.govt.nz/dmsdocument/19929-supporting-covid-19-vaccinationrequirements-in-the-workplace-minute-of-decision-proactiverelease-pdf, p 2

⁵⁶² Department of the Prime Minister and Cabinet and Ministry of Health, Initial Advice on the Domestic Use 
of COVID-19 Vaccination Certificates, DPMC-202122-324 (17 September 2021), https://www.dpmc.govt.nz/
sites/default/files/2023-01/Initial-advice-on-the-domestic-use-of-COVID-19-Vaccination-certificates.pdf, p 4

⁵⁶³ Department of the Prime Minister and Cabinet and Ministry of Health, Initial Advice on the Domestic Use 
of COVID-19 Vaccination Certificates, DPMC-202122-324 (17 September 2021), https://www.dpmc.govt.nz/
sites/default/files/2023-01/Initial-advice-on-the-domestic-use-of-COVID-19-Vaccination-certificates.pdf, pp 6,7

⁵⁶⁴ Department of the Prime Minister and Cabinet and Ministry of Health, Initial Advice on the Domestic Use 
of COVID-19 Vaccination Certificates, DPMC-202122-324 (17 September 2021), https://www.dpmc.govt.nz/
sites/default/files/2023-01/Initial-advice-on-the-domestic-use-of-COVID-19-Vaccination-certificates.pdf, p 9

⁵⁶⁵ Department of the Prime Minister and Cabinet and Ministry of Health, The Domestic Use of COVID-19 
Vaccination Certificates in High-Risk Settings, DPMC-202122-412 (24 September 2021), https://www.dpmc.
govt.nz/sites/default/files/2023-01/The-domestic-use-of-COVID-19-Certificates-in-high-risk-settings.pdf, p 10

⁵⁶⁶ Department of the Prime Minister and Cabinet and Ministry of Health, The Domestic Use of COVID-19 
Vaccination Certificates in High-Risk Settings, DPMC-202122-412 (24 September 2021), https://www.dpmc.
govt.nz/sites/default/files/2023-01/The-domestic-use-of-COVID-19-Certificates-in-high-risk-settings.pdf, p 10

⁵⁶⁷ Cabinet Paper, COVID-19 Vaccination Certificates: Implementation in domestic settings (26 October 2021), 
https://www.dpmc.govt.nz/sites/default/files/2023-01/COVID-19-Vaccination-Certificates-Implementationin-Domestic-Settings.pdf, p 13 

⁵⁶⁸ NZ Royal Commission of Inquiry into COVID-19 Lessons Learned: Phase Two, interview with 
Rt. Hon. Dame Jacinda Ardern (7 October 2025)

⁵⁶⁹ Ministry of Business, Innovation and Employment, Policy Decisions: COVID-19 vaccination requirements 
for high risk work in Managed Isolation and Quarantine facilities and by public agency workers at 
affected airports, affected ports and affected ships (16 April 2021)

⁵⁷⁰ Cabinet Paper, Supporting COVID-19 vaccination requirements in the workplace (26 October 2021), 
https://www.mbie.govt.nz/dmsdocument/19926-supporting-covid-19-vaccination-requirements-in-theworkplace-proactiverelease-pdf, p 6

⁵⁷¹ For example, Cabinet Paper and Minute, CAB-21-MIN-0421, COVID-19: Confirming a Strategy for a Highly 
Vaccinated New Zealand (18 October 2021), https://www.dpmc.govt.nz/sites/default/files/2023-01/COVID19-Confirming-a-strategy-for-a-highly-vaccinated-New-Zealand.pdf, p 16

⁵⁷² Ministry for Regulation, Regulatory Impact Statement template, https://www.regulation.govt.nz/supportfor-regulators/resources-for-regulators/regulatory-impact-statement-template/

⁵⁷³ COVID-19 Vaccine Technical Advisory Group Memo: COVID-19 Vaccine Technical Advisory Group 
(CV TAG) position statement: Vaccination mandates in those under 18 years of age (9 December 2021), 
https://www.tewhatuora.govt.nz/assets/About-us/Who-we-are/Expert-groups/COVID-19-VaccineTechnical-Advisory-Group-CV-TAG/Vaccination-mandates-in-those-under-18-years-of-age.pdf, p 2

⁵⁷⁴ COVID-19 Public Health Response (Vaccinations) Order 2021, https://www.legislation.govt.nz/regulation/
public/2021/0094/73.0/LMS487853.html

⁵⁷⁵ Ministry of Health, Briefing: Maximising uptake of COVID-19 Vaccines in Tier 1 (10 February 2021)

⁵⁷⁶ Ministry of Health, Briefing: Maximising uptake of COVID-19 Vaccines in Tier 1 (10 February 2021)

⁵⁷⁷ NZ Royal Commission of Inquiry into COVID-19 Lessons Learned: Phase One, Main Report (2024) Part 2 
Section 8.4.4.1, https://www.covid19lessons.royalcommission.nz/reports-lessons-learned/main-report/
part-two/8-4-what-happened-vaccination-requirements

⁵⁷⁸ The jurisdictions considered were Austria, Canada, France, Israel, Italy, Australia, Sweden, 
Denmark and the United Kingdom. Department of the Prime Minister and Cabinet, Details on Different 
Countries’ Approaches to Domestic COVID-19 Vaccine Passes – Brief Insights Report (1 October 2021), 
https://www.dpmc.govt.nz/sites/default/files/2023-01/Details-on-Different-Countries-Approaches-toDomestic-COVID-19-Vaccine-Passes.pdf

⁵⁷⁹ Department of the Prime Minister and Cabinet, Details on Different Countries’ Approaches to Domestic 
COVID-19 Vaccine Passes – Brief Insights Report (1 October 2021), https://www.dpmc.govt.nz/sites/default/
files/2023-01/Details-on-Different-Countries-Approaches-to-Domestic-COVID-19-Vaccine-Passes.pdf

⁵⁸⁰ Department of the Prime Minister and Cabinet and Ministry of Health, Initial Advice on the Domestic 
Use of COVID-19 Vaccination Certificates (17 September 2021), https://www.dpmc.govt.nz/sites/default/
files/2023-01/Initial-advice-on-the-domestic-use-of-COVID-19-Vaccination-certificates.pdf, p 8

⁵⁸¹ The Treasury, Aide Memoire: Economic impacts of the proposed reconnecting New Zealanders strategy, 
and an update on the international COVID-19 context and modelling (9 November 2021)

⁵⁸² Cabinet Paper and Minute CAB-21-MIN-0413, Requiring High Risk Work in the Health and Disability Sector 
to be undertaken by vaccinated workers (11 October 2021), https://www.health.govt.nz/informationreleases/requiring-high-risk-work-in-the-health-and-disability-sector-to-be-undertaken-by-vaccinatedworkers, pp 13–14

⁵⁸³ Cabinet Paper, Requiring COVID-19 vaccination for work through Government mandates and employer 
decisions (22 November 2021), https://www.mbie.govt.nz/dmsdocument/19935-requiring-covid-19-
vaccination-for-work-through-government-mandates-and-employer-requirements-proactiverelease-pdf, p 11

⁵⁸⁴ Ministry of Business Innovation and Employment, Briefing: Workplace COVID-19 vaccination: Issues and 
approaches (20 September 2021), https://www.mbie.govt.nz/dmsdocument/19965-workplace-covid-19-
vaccination-issues-and-approaches, p 2

⁵⁸⁵ Ministry of Business, Innovation and Employment, Approaches to workplace COVID-19 vaccination 
(6 September 2021), https://www.mbie.govt.nz/dmsdocument/19962-approaches-to-workplace-covid-19-
vaccination, pp 9–10

⁵⁸⁶ Ministry of Health, COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 for signing 
(8 July 2021), https://www.health.govt.nz/system/files/2022-12/20211520_briefing.pdf, p 2

⁵⁸⁷ McGuinness Institute, COVID-19 Nation Dates: a New Zealand timeline of significant events during the 
COVID-19 pandemic, 2nd edition (Wellington, 2024), https://www.mcguinnessinstitute.org/researchprojects/pandemic-nz/, p 290

⁵⁸⁸ COVID-19 Vaccine Technical Advisory Group Memo: COVID-19 Vaccine Technical Advisory Group 
(CV TAG) position statement: Vaccination mandates in those under 18 years of age (9 December 2021), 
https://www.tewhatuora.govt.nz/assets/About-us/Who-we-are/Expert-groups/COVID-19-VaccineTechnical-Advisory-Group-CV-TAG/Vaccination-mandates-in-those-under-18-years-of-age.pdf, p 2

⁵⁸⁹ For example, NZ Royal Commission COVID-19 Lessons Learned: Phase Two (2026), Pandemic 
Perspectives, https://www.covid19lessons.royalcommission.nz/reports-lessons-learned/phase-two/
pandemic-perspectives, p 94 

⁵⁹⁰ Cabinet Paper, Requiring COVID-19 vaccination for work through Government mandates and employer 
requirements (22 November 2021), https://www.mbie.govt.nz/dmsdocument/19935-requiring-covid-19-
vaccination-for-work-through-government-mandates-and-employer-requirements-proactiverelease-pdf, p 26

⁵⁹¹ Cabinet Minute, CAB-21-MIN-0414, Education System Vaccination and Testing Requirements 
(11 October 2021)

⁵⁹² COVID-19 Public Health Response (Vaccinations) Amendment Order (No 3) 2021, Schedule 
2 cl 14 amended, https://www.legislation.govt.nz/regulation/public/2021/0325/latest/whole.html