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Internal Review Process

Equal Justice Project made this Official Information request to Ministry of Social Development

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From: Equal Justice Project

Dear Ministry of Social Development,

Our OIA pertains to the Ministry of Social Development and their Internal Review process. Please supply the following information under the Official Information Act.

1. Who conducts Internal Reviews and under what authority?

2. Are the members of the Internal Review independent from the MSD?

3. How are people conducting the Internal Review chosen to participate in the process? E.g. Can people volunteer? Or are they allocated this role?

4. Do the people conducting the Internal Review have particular expertise, training and/or
qualifications?

5. How many MSD employees work in the Internal Review process? Are the original decision-makers consulted during the Internal review? Are any external sources consulted in the decision-making process? If so, who?

6. How are complaints delegated or allocated in the Internal Review process?

7. How are Internal Review decisions made? What is the process undertaken, and what is the criteria for a favourable and unfavourable decision?

8. Are Review decisions and reasoning provided to benefit recipients?

9. Are Internal Review decisions publicly available? If so, can MSD provide a link to or example of an Internal Review?

10. What is the outcome of a favourable or unfavourable Internal Review decision? E.g. change the primary decision or send the decision back to the decision-maker?

11. Are benefit recipients entitled to legal representation at or during the Internal Review?

12. What rights and entitlements does the Internal Review process recognise and incorporate under:
a) Social Security Act 2018
b) Bill of Rights Act 1990
c) Privacy Act 1993
d) International conventions including the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Convention on the Rights of the Child (UNCROC).
e) Any other relevant acts.

13. Are benefit recipients entitled to legal aid throughout this process? If yes, how many accessed legal aid during this process from 2000 to 2020?

14. Can MSD provide the number of cases that have been through the internal review process where a line of enquiry was relationship status (or marriage type relationship fraud) from 2000 to 2020?

15. Can MSD provide the outcome of the cases seen by the Benefit Review Committee where a line of enquiry was relationship status (or marriage type relationship fraud) from 2000 to 2020?

We thank you in advance for your time.

Yours faithfully,
Equal Justice Project: Pro Bono Team

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From: OIA_Requests (MSD)
Ministry of Social Development

Tēnā koe Equal Justice Project,

Thank you for your email received 6 September 2020, under the Official Information Act 1982. Your request has been forwarded to the appropriate officials at National Office to respond. You can expect a decision as soon as reasonably practicable, and in any case not later than 20 working days after the day on which the request was received.
 
Nā mātou noa, nā

Official and Parliamentary Information team   |  Ministerial and Executive Services
Ministry of Social Development

Our Purpose:
We help New Zealanders to help themselves to be safe, strong and independent
Ko ta mātou he whakamana tangata kia tū haumaru, kia tū kaha, kia tū motuhake

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