Concerns regarding Teva and the selection process for cetirizine and amitriptyline

OIA response

Thank you for your request dated 16 May 2025 under the Official Information Act 1982 (the Act) for information relating to Teva. You requested:

As a NZ healthcare professional, I am understandably concerned about Pharmac's relationship with Israeli pharmaceutical company TEVA. As widely publicised, thr State of Israel is currently accused of genocide and is before the International Court of Justice. They are also restricting access to medication and vital aid to 2.2 million people, the majority of these people being women and children.

Are you able to explain why Pharmac NZ chooses to purchase cetirizine and amitriptyline, two commonly prescribed, non-specialized medications from Israel as opposed to other manufacturers/countries currently not before the International Court of Justice? For transparency for concerned New Zealanders, please could you disclose why this was the best choice as a supplier - what other alternative suppliers were offered prior to this deal being finalized? I'm interested to know specifically what difference in cost was compared to other potential suppliers. It is an intentional choice to use NZ taxpayers dollars purchase easily obtainable medications from Israel, a state with a historically long list of UN and human rights violations.

Whether NZ has sanctions on Israel is not a sufficient answer - I would like you to specifically address why PHARMAC would ignore the the multitude of global health and humanitarian organizations' (WHO, UN, MSF, OXFAM, Amnesty International etc) concerns and chosen to have a partnership with a country accused of genocide. This partnership is passively making New Zealand and its citizens complicit in the act of human rights crimes and it must be ceased immediately.

Your request has been refused under section 18(d) of the Act, as the information you have requested is publicly available on Pharmac’s website. 

Further information relating to the tender process for cetirizine and amitriptyline is withheld under the following sections of the Act:

  • section 9(2)(b)(ii) where its release would likely unreasonably prejudice the commercial position of the person who supplied the information,
  • section 9(2)(j) to enable a Minister or any public service agency to carry on negotiations without prejudice or disadvantage (including commercial and industrial negotiations); and 
  • section 9(2)(ba)(i) to protect information that is subject to an obligation of confidence and making it available would likely prejudice the supply of similar information, or information from the same source.

Releasing pricing information relating to the tender process could have a detrimental effect on the commercial position of suppliers who participated. Releasing information about other bidders or even confirming their existence might compromise future tender processes by offering suppliers insights into their competitors’ commercial strategies.

Furthermore, if we were to release confidential pricing information or other information relating to the tender process, it may discourage suppliers from participating in future procurement processes. Safeguarding the integrity of the tender process is vital for Pharmac, as it plays a key role in minimizing costs, which enables the funding of more medicines for more New Zealanders.

You can find more information about the annual tender process on our website.