How does the operation of PHARMAC's 'Community Exceptional ...

The Ministry of Health could not locate any papers relating to the development
of criteria for the selection of members for the Community Exceptional
Circumstances Panels. It advised that the Ministry does not hold the names of
persons who have been appointed to the Community Exceptional
Circumstances Panels 63 and therefore could not provide them. This is most
unusual because the Ministry of Health made all the recommendations to the
Minister for Panel appointments.
The letter also advised that the Ministry officials had released advice prepared
for the Minister of Health specifically relating to the Community Exceptional
Circumstances policy and several briefing papers which were prepared for the
Minister prior to meetings with PHARMAC, health advocacy organisations and
the pharmaceutical industry.
In 12 reports provided under this OIA request, 147 pages were received. There
were 25 pages with material withheld either as part of a page or whole pages.
In all, 17% of the material was withheld. Several papers appear to be withheld
because of commercial sensitivity. The Director-General of Health released
draft papers, papers, letters, e-mails and file notes relating to the requested
material.
All the documents were read and material which was pertinent to the
Community Exceptional Circumstances policy was retyped into a Word file and
coded into the appropriate nodes.
Second Official information Act Request to PHARMAC
In my letter to PHARMAC in September 2008, I requested under the OIA a copy
of all written decisions made by any of the PHARMAC ‘Community Exceptional
Circumstances’ Panels from 1 st April 2009 to the 31 st August 2009 and a
breakdown of the annual amounts and types of subsidy or payment approved
by any panel between 2000 and 2009. I understood that any names and
addresses or other identifying information on these documents would be
withheld. Secondly, I asked for any documents which identify instructions or
63 This is curious because during a Key Informant Interview one person who had been a member of the Panel said
he/she was required to submit Curriculum Vitae to the Ministry of Health. The Ministry staff had stated to the interviewee
that the CV would be held in case they wanted to appoint him/her to other expert PHARMAC panels. I did not know this
at the time of the OIA request. Had I known this I would have pursued this point with the Ministry. This is not possible
now because the time allowed for doing this under this OIA request rules had elapsed.
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