Health and Disability Commissioner & HDC Consumer Advisory Group Conflict of Interest declarations

Mr Wild made this Official Information request to Health and Disability Commissioner

Health and Disability Commissioner did not have the information requested.

From: Mr Wild

To whom it may concern at the Health and Disability Commissioners Office,

Under the provisions of the Official Information Act 1982, please provide the following in electronic form:

1) any declaration of a conflict of interest recorded by Mr. Kevin Allen, Mental Health Commissioner on any conflict of interest register, in relation to the Mental Health Commissioner report, Case 15HDC00864 (Mr Samuel Jacob Fischer)

2) any declaration recorded on the Conflict of Interest Register by any member of the Health and Disability Commissioner's Consumer Advisory Group in relations to the Mental Health Commissioner report, Case 15HDC00864.

3) a copy of all policy, procedures or guidelines that Professionals would be expected to peruse and agree to, that ensures that the Health and Disability Commissioners Office is satisfied intentions and conduct of its employees and contractors would meet that of any law, including the Health and Disability Commissioner Act 1984, and to ensure consistent independence and protection of Professionals from 'questionable professional pressure or coercion'.

Yours faithfully,

Mr Jak Wild
Advocate of the Deceased
Mr Samuel Jacob Fischer
Case15HDC00864

Link to this

From: Mr Wild

Dear Health and Disability Commissioner,

For the record, today I have emailed you the appended email below to ensure this OIA request is being attended to, and has not been rejected by any potential HDC spam filter.

Kind regards
Jak Wild

From: Jak Wild <[email address]>
Subject: re: Please confirm receipt of OIA request dated 21.08.19
Date: September 7, 2019 at 18:13:18 GMT+12
To: [email address]

To whom it may concern,

On 21.08.19 I made a request for information pursuant to the Official Information Act 1982.

This request was via the dedicated Official Information Act website at fyi.org.nz. Please note I did not receive the usual confirmation as to your receipt of the request. Can you please confirm receipt of the request via the following link to ensure it hasn’t been rejected via any potential HDC spam filter.

https://fyi.org.nz/request/11032-health-...

Kind regards
Jak Wild

Yours faithfully,

Mr Wild

Link to this

From: Mr Wild

Dear Health and Disability Commissioner,

In reference to the following email:

Tēnā koe Mr Wild,
We acknowledge receipt of your email. You should receive a response as soon as is reasonably
practicable and no later than 20 working days after we received your request i.e. by 18
September 2019.
Nāku iti noa, nā,
Chloe
Legal Team
Wellington Office of the Health and Disability Commissioner

I have not received a response. I remind you that you are acting unlawfully by breaching your obligations pursuant to the Official Information Act 1982.

Please explain.

Yours faithfully,

Mr Wild

Link to this

From: Freya Dean
Health and Disability Commissioner


Attachment attachment.gif
3K Download


Tēnā koe Mr Wild

I refer to your correspondence with this Office copied below.

We are currently considering your request under the Official Information
Act 1982 and the Privacy Act 1993. We require an extension to respond to
your request, as the consultations necessary to make a decision on your
request are such that a proper response cannot reasonably be made within
the original time limit. We anticipate that your request will be processed
by 18 October 2019 at the latest. I apologise for the delay.

For the avoidance of doubt, this extension is made pursuant to section 15A
of the Official Information Act and section 41 of the Privacy Act, and
extends the time limits specified in sections 14 and 15 of the Official
Information Act and sections 39 and 40 of the Privacy Act.

You may seek a review of this decision from the Office of the Ombudsman or
the Privacy Commissioner.

We apologise for any inconvenience, and thank you for your patience.

Ngā mihi, nā

Freya Dean

Freya Dean
Senior Legal Advisor
Wellington Office of the Health and Disability Commissioner
Phone: 0800 11 22 33
PO Box 11934, Wellington 6142
Level 11, TechnologyOne House, 86 Victoria Street, Wellington 6011

[1]Health & Disability Commissioner 
[2]http://www.hdc.org.nz

From:        Mr Wild <[FYI request #11032 email]>
To:        OIA/LGOIMA requests at Health and Disability Commissioner
<[Health and Disability Commissioner request email]>
Date:        17/09/2019 05:14 p.m.
Subject:        Re: Official Information request - Health and Disability
Commissioner & HDC Consumer Advisory Group Conflict of Interest
declarations

--------------------------------------------------------------------------

Dear Health and Disability Commissioner,

In reference to the following email:

Tēnā koe Mr Wild,
          We acknowledge receipt of your email. You should receive a
response as soon as is reasonably
          practicable and no later than 20 working days after we received
your request i.e. by 18
          September 2019.
          Nāku iti noa, nā,
          Chloe
          Legal Team
          Wellington Office of the Health and Disability Commissioner

I have not received a response. I remind you that you are acting
unlawfully by breaching your obligations pursuant to the Official
Information Act 1982.

Please explain.

Yours faithfully,

Mr Wild

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FYI request #11032 email]

From:        Mr Wild <[FYI request #11032 email]>
To:        OIA/LGOIMA requests at Health and Disability Commissioner
<[Health and Disability Commissioner request email]>
Date:        21/08/2019 01:15 p.m.
Subject:        Official Information request - Health and Disability
Commissioner & HDC Consumer Advisory Group Conflict of Interest
declarations

--------------------------------------------------------------------------

To whom it may concern at the Health and Disability Commissioners Office,

Under the provisions of the Official Information Act 1982, please provide
the following in electronic form:

1)                 any declaration of a conflict of interest recorded by
Mr. Kevin Allen, Mental Health Commissioner on any conflict of interest
register, in relation to the Mental Health Commissioner report, Case
15HDC00864 (Mr Samuel Jacob Fischer)

2)                 any declaration recorded on the Conflict of Interest
Register by any member of the Health and Disability Commissioner's
Consumer Advisory Group in relations to the Mental Health Commissioner
report, Case 15HDC00864.

3)                 a copy of all policy, procedures or guidelines that
Professionals would be expected to peruse and agree to, that ensures that
the Health and Disability Commissioners Office is satisfied intentions and
conduct of its employees and contractors would meet that of any law,
including the Health and Disability Commissioner Act 1984, and to ensure
consistent independence and protection of Professionals from 'questionable
professional pressure or coercion'.

Yours faithfully,

Mr Jak Wild
Advocate of the Deceased
Mr Samuel Jacob Fischer
Case15HDC00864

-------------------------------------------------------------------

This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[FYI request #11032 email]

Is [Health and Disability Commissioner request email] the wrong address for Official Information requests to
Health and Disability Commissioner? If so, please contact us using this
form:
[3]https://fyi.org.nz/change_request/new?bo...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[4]https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

-------------------------------------------------------------------

*************************************************************

The information contained in this document is confidential to the intended
recipient and may be legally privileged. You may not copy or disclose this
email to anyone without the written permission of the sender. It is not
necessarily the view nor an official communication of the Health and
Disability Commissioner. If you have received this email in error, please
notify the sender immediately and delete this message.

*************************************************************

References

Visible links
2. http://www.hdc.org.nz/
3. https://fyi.org.nz/change_request/new?bo...
4. https://fyi.org.nz/help/officers

hide quoted sections

Link to this

From: Mr Wild

Dear Freya Dean,

Thank-you for your response.

As an indication, that HDC are working not only within the narrowest scope of the Official Information Act but are seen as supporting the much needed improvements and compliance of government agencies obligations to working within the intent and spirit of the Act, can the following please be considered.

That the consultation referred to in your previous communication be limited to Mr Allen, and a single person on the Advisory Group who I am now able to identify as being relevant to this request.

Can you please advise whether a significantly limited number of consultations (i.e. two rather than 12) would result in a more timely release of the information requested?

Yours sincerely,

Mr Wild

Link to this

From: Freya Dean
Health and Disability Commissioner


Attachment attachment.gif
3K Download


Tēnā koe Mr Wild,

We will take your comments into account, however I cannot guarantee that
this will lessen the timeframe for responding. Thank you for your
comments.

Ngā mihi, nā

Freya Dean
Senior Legal Advisor
Wellington Office of the Health and Disability Commissioner
Phone: 0800 11 22 33
PO Box 11934, Wellington 6142
Level 11, TechnologyOne House, 86 Victoria Street, Wellington 6011

[1]Health & Disability Commissioner 
[2]http://www.hdc.org.nz

From:        Mr Wild <[FOI #11032 email]>
To:        Freya Dean <[email address]>
Date:        18/09/2019 03:35 p.m.
Subject:        Re: Official Information request - Health and Disability
Commissioner & HDC Consumer Advisory Group Conflict of Interest
declarations

--------------------------------------------------------------------------

Dear Freya Dean,

Thank-you for your response.

As an indication, that HDC are working not only within the narrowest scope
of the Official Information Act but are seen as supporting the much needed
improvements and compliance of government agencies obligations to working
within the intent and spirit of the Act, can the following please be
considered.

That the consultation referred to in your previous communication be
limited to Mr Allen, and a single person on the Advisory Group who I am
now able to identify as being relevant to this request.

Can you please advise whether a significantly limited number of
consultations (i.e. two rather than 12) would result in a more timely
release of the information requested?

Yours sincerely,

Mr Wild

-----Original Message-----

Tēnā koe Mr Wild

I refer to your correspondence with this Office copied below.

We are currently considering your request under the Official Information
Act 1982 and the Privacy Act 1993. We require an extension to respond to
your request, as the consultations necessary to make a decision on your
request are such that a proper response cannot reasonably be made within
the original time limit. We anticipate that your request will be processed
by 18 October 2019 at the latest. I apologise for the delay.

For the avoidance of doubt, this extension is made pursuant to section 15A
of the Official Information Act and section 41 of the Privacy Act, and
extends the time limits specified in sections 14 and 15 of the Official
Information Act and sections 39 and 40 of the Privacy Act.

You may seek a review of this decision from the Office of the Ombudsman or
the Privacy Commissioner.

We apologise for any inconvenience, and thank you for your patience.

Ngā mihi, nā

Freya Dean

Freya Dean
Senior Legal Advisor
Wellington Office of the Health and Disability Commissioner
Phone: 0800 11 22 33
PO Box 11934, Wellington 6142
Level 11, TechnologyOne House, 86 Victoria Street, Wellington 6011

[1]Health & Disability Commissioner 
[2][3]http://www.hdc.org.nz

From:        Mr Wild <[FYI request #11032 email]>
To:        OIA/LGOIMA requests at Health and Disability Commissioner
<[Health and Disability Commissioner request email]>
Date:        17/09/2019 05:14 p.m.
Subject:        Re: Official Information request - Health and Disability
Commissioner & HDC Consumer Advisory Group Conflict of Interest
declarations

--------------------------------------------------------------------------

Dear Health and Disability Commissioner,

In reference to the following email:

Tēnā koe Mr Wild,
          We acknowledge receipt of your email. You should receive a
response as soon as is reasonably
          practicable and no later than 20 working days after we received
your request i.e. by 18
          September 2019.
          Nāku iti noa, nā,
          Chloe
          Legal Team
          Wellington Office of the Health and Disability Commissioner

I have not received a response. I remind you that you are acting
unlawfully by breaching your obligations pursuant to the Official
Information Act 1982.

Please explain.

Yours faithfully,

Mr Wild

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FYI request #11032 email]

From:        Mr Wild <[FYI request #11032 email]>
To:        OIA/LGOIMA requests at Health and Disability Commissioner
<[Health and Disability Commissioner request email]>
Date:        21/08/2019 01:15 p.m.
Subject:        Official Information request - Health and Disability
Commissioner & HDC Consumer Advisory Group Conflict of Interest
declarations

--------------------------------------------------------------------------

To whom it may concern at the Health and Disability Commissioners Office,

Under the provisions of the Official Information Act 1982, please provide
the following in electronic form:

1)                 any declaration of a conflict of interest recorded by
Mr. Kevin Allen, Mental Health Commissioner on any conflict of interest
register, in relation to the Mental Health Commissioner report, Case
15HDC00864 (Mr Samuel Jacob Fischer)

2)                 any declaration recorded on the Conflict of Interest
Register by any member of the Health and Disability Commissioner's
Consumer Advisory Group in relations to the Mental Health Commissioner
report, Case 15HDC00864.

3)                 a copy of all policy, procedures or guidelines that
Professionals would be expected to peruse and agree to, that ensures that
the Health and Disability Commissioners Office is satisfied intentions and
conduct of its employees and contractors would meet that of any law,
including the Health and Disability Commissioner Act 1984, and to ensure
consistent independence and protection of Professionals from 'questionable
professional pressure or coercion'.

Yours faithfully,

Mr Jak Wild
Advocate of the Deceased
Mr Samuel Jacob Fischer
Case15HDC00864

-------------------------------------------------------------------

This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[FYI request #11032 email]

Is [Health and Disability Commissioner request email] the wrong address
for Official Information requests to
Health and Disability Commissioner? If so, please contact us using this
form:
[3][4]https://fyi.org.nz/change_request/new?bo...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[4][5]https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #11032 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[6]https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

-------------------------------------------------------------------

*************************************************************

The information contained in this document is confidential to the intended
recipient and may be legally privileged. You may not copy or disclose this
email to anyone without the written permission of the sender. It is not
necessarily the view nor an official communication of the Health and
Disability Commissioner. If you have received this email in error, please
notify the sender immediately and delete this message.

*************************************************************

References

Visible links
2. http://www.hdc.org.nz/
3. http://www.hdc.org.nz/
4. https://fyi.org.nz/change_request/new?bo...
5. https://fyi.org.nz/help/officers
6. https://fyi.org.nz/help/officers

hide quoted sections

Link to this

From: Mr Wild

Dear Freya Dean,

Your 17.25pm 18.09.19 email notification (which I remind you was in breach of the Act requiring you to respond in 20 days) informed me you required a further extension of 22 working days on the grounds of needing to make "consultations".

My 18.09.19 response informed you that a reduction of 12 to 2 consultations would significantly reduce the time frame required for consultations.

Your 19.09.19 response stating "we will take your comments into account, however I cannot guarantee that this will lessen the timeframe for responding" is clearly not working within the spirit and intent of the Act.

Mr Allan is always readily available to your office for consultation so should require a very limited extension to be informed of the OIA request. The single Advisory Group member is Wellington based and it would be reasonable that communicate to inform her of the request could be made within 2 working days.

The simple release of the two HDC Conflict of Interest Registers should not require "consultation" other than to formally inform the party that their declaration is sought. Therefore, there should be no need to consult with the 2 persons on whether they did or did not declare a conflict of interest regarding Mr Fischer, other than to inform them that a request has been made for release of the Conflict Registers to evidence their declarations relative to Mr Fischer.

No more than a 10 day extension would be "reasonable" (Section 15A) based on the circumstances and wording of the Act.

Please can you undertake further consideration, and inform me of a firm date for release of the information sought.

Yours sincerely,

Mr Wild

Link to this

From: Craig Goodwillie
Health and Disability Commissioner


Attachment attachment.gif
3K Download

Attachment Signed 18 October 2019 to Mr Wild.pdf
93K Download View as HTML

Attachment 9.0 Conflicts of Interest Policy.pd.pdf
103K Download View as HTML

Attachment hdc guideline for independent advisors.pdf
7.1M Download View as HTML


Dear Mr Wild,

Please find a reply to your request attached x 3.

Regards

Craig Goodwillie  
OIA Advisor
Office of the Health and Disability Commissioner

PO Box 11934, Wellington 6142│ Level 11, TechnologyOne House, Wellington
6011
DDI (04) 494 7914

Please consider the environment before printing this email
*************************************************************

The information contained in this document is confidential to the intended
recipient and may be legally privileged. You may not copy or disclose this
email to anyone without the written permission of the sender. It is not
necessarily the view nor an official communication of the Health and
Disability Commissioner. If you have received this email in error, please
notify the sender immediately and delete this message.

*************************************************************

hide quoted sections

Link to this

From: Mr Wild

Dear Craig Goodwillie,

Thank-you for the information you have provided.

From here on, I will follow up with you directly regarding matters of concern related to the information release

Yours sincerely,

Mr Wild

Link to this

Things to do with this request

Anyone:
Health and Disability Commissioner only: