Covid-19, Mandatory Vaccinations

Thursday 21st October 2021

This Update provides some resources and guidance for those affected by the Mandatory vaccinations for teaching and health workforces.  I will do something similar for all others early next week:


Mandatory Vaccinations for the Health and Disability Sector and Education Sector


Frustratingly we have still not seen the formal wording that is updating the COVID-19 Public Health Response (Vaccinations) Order 2021. The only detail we have can be found at


However, this issue is now urgent and, if we assume the government will do what they have said, actions will be needed very quickly, but there are very significant rights to protect.  For example, as a PCBU for your workplace you will be required to pass information to the Ministry of Health and receive information from them – this will need individual approval from your employees, in order to comply with the Privacy Act.


Plus, any requirement that someone be vaccinated or even tell you whether or not they are, crosses individual rights, unless it is agreed or required by law.  Once we have the Order signed, you will have the legal requirement, but still need to work through carefully whether the Order applies to a particular individual.


With the first vaccination requirements being by 30 October (Health) and 15 November (Education) the time to consult with individual staff has got extremely tight and I have decided not to wait any longer for the government but provide you with some templates you may wish to use as a starting point for you to address the needs I have described above.


Here are the links to three documents – a Policy (to be proposed); a Procedure (for implementing the policy); and a covering letter to get the procedure started.  Critically the procedure then says it is necessary to short-cut the full consultation timing in order to meet the government guidelines. 


If you choose to start a process before the Order is actually updated, you will need to be clear you are working off anticipated law and that you won’t force matters until it is passed.  At least this way individuals will still have time to take advice.


I am very conscious I am not available to answer questions after today until Tuesday, so I have done my best to make things clear.


I wish you all the very best working through what I know are some very painful situations for some of you and your staff.


Mike Leave – just a heads up – Mike is away on leave from 22-25 October and again 8-12 November.  Please try and ensure he gets plenty of notice of work needed to be done prior to these dates.


Essential HR are here to help.  For ongoing help call us on – 03 3650532, or you can contact Mike directly on 027 2808546 or

I’m happy for you to pass this on to others.

And if you need to conference call, we are all set up with Zoom.

Need help managing staff?

Mike has a wealth of experience advising on every aspect of the employer-employee relationship. I can give you per-phone guidance or work along side you to make things happen.

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