Disclaimer: The following analysis of the
COVID-19 Public Health Response (Vaccinations) Amendment Order (No 3) 2021 has been undertaken under urgency and is provided for educational purposes only and does not constitute legal or medical advice. To view the legislation in full you can see the
Order here and the
amending Order here.
WHAT ARE THE NEW EXEMPTIONS AND WHO CAN OBTAIN THEM?
Who can obtain the new exemptions?
Affected persons who belong to a group specified in Part 6, 7, 8, or 9 of the Table in Schedule 2 - ie this includes the educators, health care workers and prison workers (new parts 7,8,9) and the extended front line workers that were already mandated (part 6).
How to obtain your exemption?
A “suitably qualified health practitioner” examines you and makes a determination that it would be inappropriate for you to be vaccinated.
What steps will be involved?
Meet with a
suitably qualified health practitioner in person, by phone or online.
Receive confirmation from them that it is
inappropriate for you to receive the vaccine due to “
physical or other needs”.
Two points to note here:
- “inappropriate” is not defined so the ordinary dictionary meaning applies: “not suitable or proper in the circumstances” (as per rules of statutory interpretation);
- “physical or other needs” clearly extends beyond physical conditions to include mental conditions and is likely to include religious beliefs.
While confirmation of the exemption is not required to be in writing, you should request it in writing so you have that supporting information for your employer to complete its vaccine register. The written exemption need not specify why it is inappropriate for you to receive the jab, just that it is “inappropriate for you to do so”.
Who may be a “suitably qualified health practitioner”?
According to the
Health Practitioners Competence Assurance Act 2003:
A “
health practitioner” is “
a person registered with an authority as a practitioner of a particular health profession”. (s5(1) of the Health Practitioners Competence Assurance Act 2003).
A
“person registered with an authority” means a health practitioner who practises in a regulated profession in New Zealand, is registered with the relevant responsible authority, and holds an Annual Practising Certificate (APC) issued by that authority. A of health practitioners that are regulated by a relevant authority is available at
Responsible authorities under the Act | Ministry of Health NZ
Therefore a suitably qualified registered health practitioner is one that can determine that it is inappropriate for an affected person to receive the vaccine. Depending on the affected person’s physical or other needs a suitable health practitioner could include a nurse, midwife, paramedic, doctor, psychologist, or psychotherapist and may include dietician, chiropractor, pharmacist, osteotherapist, occupational therapist.