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Documents regarding issuance of Trespass Notice

Amy S Van Wey Lovatt made this Official Information request to Waikato District Health Board

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From: Amy S Van Wey Lovatt

Dear Waikato District Health Board,

I am requesting ALL documents and policies which instruct Duty Nurse Managers as to the reasons for issuance of a Trespass Notice and the process that they must to follow.

Kind regards,

Amy S Van Wey Lovatt

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From: Amy S Van Wey Lovatt

Dear Waikato District Health Board,

I am following up with you as your agency is currently in breach of the OIA. Under sections 15 and 15A of the OIA you were legally obliged to respond to my request for information or notify me of an extension, with a specified date, within 20 working days. Twenty working days from the time of my request was 1 March 2021. Thus, you rganisation is now in breach of the OIA.

I request that the information be provided no later than 5 PM on Monday 8 March 2021. I note the Information and documents I requested must be readily accessible in accordance with the DHBs controlled documents policies on Waikato DHBs website, and in accordance with the Public Records Act and Electronic Transactions Act. Thus I have no doubt that you and your colleagues will be able to provide the documents and information by the specified date.

Regards,

Amy S Van Wey Lovatt

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Amy S Van Wey Lovatt left an annotation ()

Complained to the Ombudsman and HDC today, 10 March 2021.

Background - Request for Trespass Policies:
On 30 January 2021, I made a request on the phone and through FYI.org.nz for "ALL documents and policies which instruct Duty Nurse Managers as to the reasons for issuance of a Trespass Notice and the process that they must to follow." This information is readily accessible, as evidenced by the attached recorded conversations with Duty Nurse Manager Daniel Sebastian and Bill Rathsany and the aforementioned DHB Policy, Management of Policies and Guidelines (0102) page 7, section 3.

On 12 February 2021, I was assured by Director Kent Holdsworth that I would receive the information which informed the decision to issue me with a Trespass Notice and a response to an investigation into the reasons why the Trespass Notice was issued when there were no incidents involving me in the DHB system and when the Trespass Notice was issued contrary to policy. Please refer to the recorded phone conversation (attached), where he promised a response the next week. As of this date, I have not received the information or a response from him, Megan Abraham, or the DHB.

On March 04, 2021, I sent a follow up response letting the DHB know they had not met their legislative duty to respond in the legislative time frame. As evidenced by the attached recorded phone conversation dated 9 March 2021, I had requested a follow up from both Kent Holdsworth and Megan Abraham for the information that they assured would be sent to me by 19 February 2021.

In not responding, the DHB has breached sections 21-24 of the OIA. In failing to comply with the legal requirements of the OIA, the DHB has breached Right 4(2) of the HDC Code. In failing to provide the personal information under IPP 6 of the Privacy Act, the DHB has breached Right 1(2) of the HDC Code. In failing to provide notifications to me they have breached Right 10(6)-(7) of the HDC code.

You may view the request and reminder on FYI.org.nz here: https://fyi.org.nz/request/14579-documen....

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From: Christine Chandler
Waikato District Health Board


Attachment Response Cover Letter 20210322.pdf
1.3M Download View as HTML


Good morning Amy

 

Please find attached the response to your information request.

 

Regards

 

Christine Chandler | Consumer Engagement Manager | Quality and Patient
Safety | Waikato District Health Board| Hamilton | New Zealand  Ph 07 839
8899 ext 92252 | Mobile (021) 839 441

 

 

This electronic message, together with any attachments is confidential and
may be privileged. If you are not the intended recipient: 1.do not copy,
disclose or use the contents in any way. 2.please let me know by return
email immediately and then destroy the message. Waikato DHB is not
responsible for any changes made to this message and/or any attachments
after sending by Waikato DHB. Before opening or using attachments, check
them for viruses and effects. Waikato DHB takes no responsibility for
affected attachments. Click on link www.waikatodhb.health.nz/disclaimer to
view the company policy website. If you are not redirected to the company
policy website then copy and paste the URL into a new browser window.

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