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

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consultation documents which related to Community <strong>Exceptional</strong><br />

Circumstances and Cancer <strong>Exceptional</strong> Circumstances between 2000 and<br />

2008.<br />

I requested all government budget documents provided to Cabinet by <strong>the</strong><br />

Minister <strong>of</strong> Finance which indicate <strong>the</strong> allocations made to PHARMAC for <strong>the</strong><br />

purpose <strong>of</strong> funding Community <strong>Exceptional</strong> Circumstances and Cancer<br />

<strong>Exceptional</strong> Circumstances applications between 2000 and 2008.<br />

Maarten Wevers, <strong>the</strong> Chief Executive <strong>of</strong> <strong>the</strong> DPMC replied that <strong>the</strong>re were no<br />

documents at all which were held that fell within <strong>the</strong> scope <strong>of</strong> <strong>the</strong> request. He<br />

indicated that my request related to Cabinet papers which would have been<br />

prepared by <strong>of</strong>ficials for <strong>the</strong> Minister <strong>of</strong> Health and consequently my request<br />

was referred to <strong>the</strong> Hon. Tony Ryall, Minister <strong>of</strong> Health.<br />

The Health Minister replied that no Cabinet papers were submitted by <strong>the</strong><br />

Minister between <strong>the</strong> years 2000 and 2009, and no Cabinet papers or Ministers’<br />

recommendations which related to public consultation by PHARMAC between<br />

<strong>the</strong> periods. Consequently, <strong>the</strong>re were no documents identified which could be<br />

released. Wevers similarly referred my request to <strong>the</strong> Minister <strong>of</strong> Finance, Hon.<br />

Bill English, because part <strong>of</strong> <strong>the</strong> request related to budget preparations and<br />

appropriations to PHARMAC. The Minister advised that in his opinion <strong>the</strong>re<br />

were no documents which fell into <strong>the</strong> scope <strong>of</strong> my request; that is, that <strong>the</strong><br />

information cannot be found or alternatively <strong>does</strong> not exist.<br />

The Finance Minister went on to say that <strong>the</strong> public interest has been served<br />

under Section 9 (1) <strong>of</strong> <strong>the</strong> Act namely that:<br />

Good reason for withholding <strong>of</strong>ficial information exists...unless, in <strong>the</strong><br />

circumstances <strong>of</strong> <strong>the</strong> particular case, <strong>the</strong> withholding <strong>of</strong> that information<br />

is outweighed by o<strong>the</strong>r considerations which render it desirable, in <strong>the</strong><br />

public interest, to make that information available. (Hon. Bill English<br />

Minister <strong>of</strong> Finance)<br />

In summary, as a result <strong>of</strong> this section <strong>of</strong> <strong>the</strong> OIA request, I was told that no<br />

papers had been received by <strong>the</strong> Cabinet or <strong>the</strong> Finance Minister relating to<br />

funding decisions related to Community <strong>Exceptional</strong> Circumstances and <strong>the</strong>se<br />

matters had not been discussed.<br />

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