Written Policy with respect to deduction of Canada Pension Plan Payments
Robert Latimer made this Official Information request to Ministry of Social Development
Ministry of Social Development did not have the information requested.
From: Robert Latimer
Dear Ministry of Social Development,
Please provide me with a copy of the written policy document that indicates that the Chief Executive of the Ministry has determined that Canada Pension Plan payments are to be deducted from New Zealand Superannuation payments under Section 70 of the Social Security Act 1964.
Yours faithfully,
Robert Latimer
From: OIA_Requests (MSD)
Ministry of Social Development
Dear Robert Latimer
Thank you for your email received 25 June 2014, under the Official Information Act 1982. Your request has been forwarded to the appropriate officials at National office to respond. You may expect a response to be sent to you as soon as possible.
Regards
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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From: OIA_Requests (MSD)
Ministry of Social Development
Dear Robert Latimer,
Please find attached a letter advsing of the need to extend the time available to respond to your request until 30 July 2014.
Regards
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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From: Robert Latimer
Dear OIA_Requests (MSD),
You have stated that the extension of the deadline from 20 days to 25 days is necessary because you need to "consult with other parties".
Please name these other parties.
Yours sincerely,
Robert Latimer
From: OIA_Requests (MSD)
Ministry of Social Development
Dear Mr Latimer,
Thank you for your email on Friday 25 July.
The Ministry has a centralised team, the Official and Parliamentary Information Team, who respond to Official Information Act requests for all service lines within the Ministry. We are consulting with internal groups to ensure that we provide you with most relevant correct response we can. These groups are responsible for Service delivery and policy regarding Superannuation and overseas pension deductions. We also keep the Ministers office abreast of Official Information Act requests.
I am confident that your response to your request dated 25 June 2014 will be with you shortly.
Regards
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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From: OIA_Requests (MSD)
Ministry of Social Development
Dear Mr Latimer
Please find attached the Ministry's response to your Official Information Act request.
Kind regards,
Regards
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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From: Robert Latimer
Dear OIA_Requests (MSD),
You say that there is no policy document but there must be some written documentation of the Chief Executive's decision to deduct Canada Pension Plan pensions under section 70, otherwise how would your International Services people know to make the deduction?
It is that documentation that I am requesting. Perhaps it is in the manual used by International Services.
Yours sincerely,
Robert Latimer
From: OIA_Requests (MSD)
Ministry of Social Development
Dear Mr Latimer
Further to the response you have received, the Chief Executive did not make a decision to deduct Canada Pension Plan pensions under section 70 - rather this deduction is prescribed by law under section 70 and is legally required to be made. This is further evidenced by the High Court ruling in Hogan which you also received a copy of.
In short, the Ministry of Social Development 'knows' to make the deduction because legislations requires that the deduction be made.
Kind regards,
Regards
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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From: Robert Latimer
Dear OIA_Requests (MSD),
That is not correct. Section 70 of the Act contains the words "in the opinion of the chief executive". Therefore the chief executive has to make a conscious decision to form that opinion and to decide to deduct Canada Pension Plan pensions.
Your reference to the Hogan case is not relevant in this situation. The Hogan case was an appeal against the decision made by the chief executive. Therefore the decision had to have been made pre-Hogan.
Please provide me with the written documentation that proves that the chief executive chose to exercise his discretion under section 70 to deduct Canada Pension Plan pensions.
Yours sincerely,
Robert Latimer
From: OIA_Requests (MSD)
Ministry of Social Development
Dear Mr Latimer
Thank you for your message. This has been logged as a new OIA request. You can expect the Ministry's reply shortly.
Regards
Official and Parliamentary Information team | Ministerial and Executive Services Ministry of Social Development
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From: Robert Latimer
Dear OIA_Requests (MSD),
I do not think this is a new request. I need the information for a Social Security Appeals Authority hearing on 7 August.
Yours sincerely,
Robert Latimer
From: Robert Latimer
Dear OIA_Requests (MSD),
I have filed a complaint with the Ombudsman over your handling of this request.
Yours sincerely,
Robert Latimer
From: OIA_Requests (MSD)
Ministry of Social Development
Dear Robert Latimer,
Please find attached the Ministry's response to your requests of 29 and 30 July 2014 regarding Canada Pension Plan deductions.
Regards
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
show quoted sections
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