Dear Ministry of Social Development,

In response to fyi-request-1761-8e764ec2, Debbie Power referred to section 41 of the State Sector Act 1988 which gives the chief executive the ability to delegate his responsibility under section 70 of the Social Security Act 1964.

Section 41 provides that “A Public Service chief executive may, either generally or particularly, delegate in writing…..”.

Please provide a copy of the written delegation that the chief executive of the Ministry of Social Development made under section 41 of the State Sector Act 1988 that delegates the chief executive’s authority under section 70 of the Social Security Act 1964, either generally or particularly, to the person who made the decision to deduct my and my wife’s Canada Pension Plan benefits from my New Zealand Superannuation benefit.

Yours faithfully,

Robert Latimer

Dear OIA_Requests (MSD),

I asked for a copy of the written delegation required by the Act. Please provide a copy of that written delegation.

Yours sincerely,

Robert Latimer

Dear OIA_Requests (MSD),

That document delegates (among other things) the chief executive's powers under section 70 of the Social Security Act 1964 to determine whether my and my wife's Canada Pension Plan benefits should be deducted from my New Zealand Superannuation benefit to the Deputy Chief Executive of Students, Seniors and Integrity Services.

Did the Deputy Chief Executive of Students, Seniors and Integrity Services make that decision or did the Deputy Chief Executive of Students, Seniors and Integrity Services on-delegate that power?

If the latter, please provide a copy of the document or documents that on-delegate that power to the person who made the decision to deduct my and my wife's Canada Pension Plan benefits from my New Zealand Superannuation benefit.

Please provide a copy of the "suggested draft delegations document as a guide to the appropriate on-delegation levels for particular functions and powers" mentioned in the chief executive's delegation.

Yours sincerely,

Robert Latimer

Dear OIA_Requests (MSD),

What I am looking for is a complete "paper trail" from the chief executive to the person who actually made the decision in my case.

The latest delegation you have provided is to the General Manager of Senior Services. Did the the General Manager of Senior Services make the decision in my case or did he on-delegate it to someone else? If the latter, please provide the documentation of the further on-delegations all the way to the person that actually made the decision.

Yours sincerely,

Robert Latimer

Dear OIA_Requests (MSD),

I have received all of the documentation ONLY IF the General Manager Senior Services made the decision in my case to deduct the CPP payments.

If the General Manager Senior Services on-delegated that responsibility then that on-delegation must be documented and so on until the on-delegations reach the person who actually made the decision.

Please confirm that the General Manager Senior Services made the decision OR provide the additional on-delegation documentation.

Yours sincerely,

Robert Latimer

Dear OIA_Requests (MSD),

My original request (which hasn't been answered within the time frame set out in the Official Information Act) requested documentation of the delegations from the chief executive "to the person who made the decision to deduct my and my wife’s Canada Pension Plan benefits from my New Zealand Superannuation benefit."

Please provide that documentation without further delay.

Yours sincerely,

Robert Latimer

Dear OIA_Requests (MSD),

I have filed a complaint with the Ombudsman.

Yours sincerely,

Robert Latimer