Chief Executive Delegation
Robert Latimer made this Official Information request to Ministry of Social Development
The request was refused by Ministry of Social Development.
From: Robert Latimer
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
From: OIA_Requests (MSD)
Ministry of Social Development
Dear Robert Latimer,
Thank you for your email received 2 September 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
-----Original Message-----
From: Robert Latimer [mailto:[OIA #1975 email]]
Sent: Tuesday, 2 September 2014 8:40 a.m.
To: OIA_Requests (MSD)
Subject: Official Information Act request - Chief Executive Delegation
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
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This email and any attachments may contain information that is confidential and subject to legal privilege. If you are not the intended recipient, any use, dissemination, distribution or duplication of this email and attachments is prohibited. If you have received this email in error please notify the author immediately and erase all copies of the email and attachments. The Ministry of Social Development accepts no responsibility for changes made to this message or attachments after transmission from the Ministry.
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From: OIA_Requests (MSD)
Ministry of Social Development
Dear Robert Latimer,
Please find attached the Ministry's response to your Official Information Act Request of 2 September 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
-----Original Message-----
From: OIA_Requests (MSD)
Sent: Tuesday, 2 September 2014 9:21 a.m.
To: 'Robert Latimer'
Subject: Your Official Information Act request - Chief Executive Delegation
Dear Robert Latimer,
Thank you for your email received 2 September 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
-----Original Message-----
From: Robert Latimer [mailto:[OIA #1975 email]]
Sent: Tuesday, 2 September 2014 8:40 a.m.
To: OIA_Requests (MSD)
Subject: Official Information Act request - Chief Executive Delegation
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
-------------------------------------------------------------------
This is an OIA request done via the FYI website.
Please do not send progress updates as PDF files.
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers
If you find this service useful as an OIA officer, please ask your web manager to link to us from your organisation's OIA page.
-------------------------------------------------------------------
-------------------------------
This email and any attachments may contain information that is confidential and subject to legal privilege. If you are not the intended recipient, any use, dissemination, distribution or duplication of this email and attachments is prohibited. If you have received this email in error please notify the author immediately and erase all copies of the email and attachments. The Ministry of Social Development accepts no responsibility for changes made to this message or attachments after transmission from the Ministry.
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From: 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
From: OIA_Requests (MSD)
Ministry of Social Development
Dear Mr Latimer
The written delegation document was attached to the letter.
I've sent the response through again in case there was some sort electronic error which prevented you from viewing the response and attachment.
Regards,
Official and Parliamentary Information Team.
-----Original Message-----
From: Robert Latimer [mailto:[OIA #1975 email]]
Sent: Wednesday, 24 September 2014 4:31 p.m.
To: OIA_Requests (MSD)
Subject: Re: Response to Your Official Information Act request - Chief Executive Delegation
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
-----Original Message-----
Dear Robert Latimer,
Please find attached the Ministry's response to your Official Information Act Request of 2 September 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
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[OIA #1975 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers
If you find this service useful as an OIA officer, please ask your web manager to link to us from your organisation's OIA page.
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-------------------------------
This email and any attachments may contain information that is confidential and subject to legal privilege. If you are not the intended recipient, any use, dissemination, distribution or duplication of this email and attachments is prohibited. If you have received this email in error please notify the author immediately and erase all copies of the email and attachments. The Ministry of Social Development accepts no responsibility for changes made to this message or attachments after transmission from the Ministry.
-------------------------------
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From: 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
From: OIA_Requests (MSD)
Ministry of Social Development
Dear Mr Latimer
Due to an administrative error, the last three pages of the Delegation Documentation were not attached to the response sent to you yesterday.
Please find attached the last three pages of the Delegation Documentation. These three pages are the ‘ suggested draft delegations' documentation referred to one page of the original Delegation Document. These 'draft delegations' were accepted by Hilary Reynolds and subsequently signed by relevant General Managers.
Hilary Reynolds on-delegated responsibility for Social Security Act matters to the General Manager of Senior Services.
I trust that this satisfies your request.
Official and Parliamentary Information Team.
-----Original Message-----
From: Robert Latimer [mailto:[OIA #1975 email]]
Sent: Wednesday, 24 September 2014 5:06 p.m.
To: OIA_Requests (MSD)
Subject: RE: Response to Your Official Information Act request - Chief Executive Delegation
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
-----Original Message-----
Dear Mr Latimer
The written delegation document was attached to the letter.
I've sent the response through again in case there was some sort electronic error which prevented you from viewing the response and attachment.
Regards,
Official and Parliamentary Information Team.
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[OIA #1975 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers
If you find this service useful as an OIA officer, please ask your web manager to link to us from your organisation's OIA page.
-------------------------------------------------------------------
-------------------------------
This email and any attachments may contain information that is confidential and subject to legal privilege. If you are not the intended recipient, any use, dissemination, distribution or duplication of this email and attachments is prohibited. If you have received this email in error please notify the author immediately and erase all copies of the email and attachments. The Ministry of Social Development accepts no responsibility for changes made to this message or attachments after transmission from the Ministry.
-------------------------------
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From: 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
From: OIA_Requests (MSD)
Ministry of Social Development
Dear Mr Latimer,
You will be aware that the Chief Executive delegated authority regarding the Social Security Act to the Deputy Chief Executive Students Seniors and Integrity Services who then delegated that authority to the General Manager Senior Services. You have now received all of the relevant documents outlining these arrangements.
Regards,
Official and Parliamentary Information Team
Ministry of Social Development
-----Original Message-----
From: Robert Latimer [mailto:[OIA #1975 email]]
Sent: Thursday, 25 September 2014 4:36 p.m.
To: OIA_Requests (MSD)
Subject: RE: Response to Your Official Information Act request - Chief Executive Delegation
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
-----Original Message-----
Dear Mr Latimer
Due to an administrative error, the last three pages of the Delegation Documentation were not attached to the response sent to you yesterday.
Please find attached the last three pages of the Delegation Documentation. These three pages are the ‘ suggested draft delegations' documentation referred to one page of the original Delegation Document. These 'draft delegations' were accepted by Hilary Reynolds and subsequently signed by relevant General Managers.
Hilary Reynolds on-delegated responsibility for Social Security Act matters to the General Manager of Senior Services.
I trust that this satisfies your request.
Official and Parliamentary Information Team.
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[OIA #1975 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers
If you find this service useful as an OIA officer, please ask your web manager to link to us from your organisation's OIA page.
-------------------------------------------------------------------
-------------------------------
This email and any attachments may contain information that is confidential and subject to legal privilege. If you are not the intended recipient, any use, dissemination, distribution or duplication of this email and attachments is prohibited. If you have received this email in error please notify the author immediately and erase all copies of the email and attachments. The Ministry of Social Development accepts no responsibility for changes made to this message or attachments after transmission from the Ministry.
-------------------------------
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From: 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
From: 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
From: OIA_Requests (MSD)
Ministry of Social Development
Dear Robert Latimer,
Thank you for your email received 2 October 2014.
As stated in the Ministry's email of Friday 26 September 2014, you have already been provided with all relevent documents. Please address any further correspondence on this matter to the Ombudsman. The Ombudsman's office can be contacted by email at [email address], by fax, on (04) 471 2254 or by post; Office of the Ombudsman, PO Box 10152, Wellington 6143
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
-----Original Message-----
From: Robert Latimer [mailto:[OIA #1975 email]]
Sent: Thursday, 2 October 2014 10:18 a.m.
To: OIA_Requests (MSD)
Subject: RE: Response to Your Official Information Act request - Chief Executive Delegation
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
-----Original Message-----
Dear Mr Latimer,
You will be aware that the Chief Executive delegated authority regarding the Social Security Act to the Deputy Chief Executive Students Seniors and Integrity Services who then delegated that authority to the General Manager Senior Services. You have now received all of the relevant documents outlining these arrangements.
Regards,
Official and Parliamentary Information Team Ministry of Social Development
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[OIA #1975 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers
If you find this service useful as an OIA officer, please ask your web manager to link to us from your organisation's OIA page.
-------------------------------------------------------------------
-------------------------------
This email and any attachments may contain information that is confidential and subject to legal privilege. If you are not the intended recipient, any use, dissemination, distribution or duplication of this email and attachments is prohibited. If you have received this email in error please notify the author immediately and erase all copies of the email and attachments. The Ministry of Social Development accepts no responsibility for changes made to this message or attachments after transmission from the Ministry.
-------------------------------
hide quoted sections
From: Robert Latimer
Dear OIA_Requests (MSD),
I have filed a complaint with the Ombudsman.
Yours sincerely,
Robert Latimer
Robert Latimer left an annotation ()
Thanks for the feedback. I'll try your suggested approach.
I strongly suspect that the person who made the decision wasn't actually formally delegated to do so and so the decision is invalid.
Alex Harris left an annotation ()
Then you'll get an informative refusal under s18(e).
If they try and avoid answering, you could also try a part 4 request for personal information held about you, which has much more limited grounds for refusal. But FYI is not the venue for that.
paul Scott left an annotation ()
Wir sammeln Informationen über alle Neuseeländer, um zu verhindern, dass sie sicher, stark und unabhängig sind.
We collect information on all New Zealanders to prevent them from being safe, strong and independent.
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
Offensive? Unsuitable?
Requests for personal information and vexatious requests are not considered valid requests for Official Information (read more).
If you believe this request is not suitable, you can report it for attention by the site administrators
Report this request
Alex Harris left an annotation ()
You need to be clearer about what exactly you are asking for. You asked for delgation documents, and you received them. You never explicitly asked for the name of the staff member and whether they had such a document, so you didn't receive that.
I'd recommend filing a new request seeking
a) the name of the staff member who made a decision in your case;
b) whether that staff member held a delegation to make such decisions; and
c) a copy of the delegation document, if any.
If the name isn't one of those already released, it may be withheld for privacy. But whether they held a delegation certainly won't be - and that does seem to be what you are actually wanting to know.
A new request will get you an answer in a month. That's a lot quicker than the Ombudsman will take.
Link to this