Delegated Authority re. CPP and NZS
Robert Latimer made this Official Information request to Ministry of Social Development
The request was partially successful.
From: Robert Latimer
Dear Ministry of Social Development,
Please provide the name and job title of the Ministry employee who made the decision to deduct my and my wife's Canada Pension Plan benefits from my New Zealand Superannuation benefit.
Please also provide a copy of the written delegation that gave that employee the power to make that decision.
Yours faithfully,
Robert Latimer
From: OIA_Requests (MSD)
Ministry of Social Development
Dear Robert Latimer,
Thank you for your email received 3 October 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 advising of the need to extend the time available to respond to your request until 28 November 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),
I do not consider the extension to be reasonable. You have extended the 20 days provided in the legislation to 40 days. I am sure that "internal consultation" is not the type of consultation envisaged by the Official Information Act.
I am filing a complaint with the Ombudsman.
Yours sincerely,
Robert Latimer
From: OIA_Requests (MSD)
Ministry of Social Development
Dear Robert Latimer,
A response to your Official Information Act request has been sent to your personal email address -due to the nature of the information being released, the Ministry has preferred for you to receive it directly, rather than sending it via the FYI website.
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 Ministry of Social Development,
Your reply implies that the Customer Service Representative exercised the power given to the Chief Executive under section 70 of the Social Security Act 1964 to determine that the Canada Pension Plan is subject to the direct deduction regime.
I would suggest (and hope) that is not the case. The Customer Service Representative might have made the decision to actually make the deduction, but I would very much doubt that the Customer Service Representative made the decision that it is appropriate under section 70 to make the deduction.
Please provide me with the name and job title of the person that made the decision that it is appropriate to deduct Canada Pension Plan payments under section 70. Also provide me with a copy of any written instructions given to Customer Service Representatives to put that decision into practice.
Yours faithfully,
Robert Latimer
From: OIA_Requests (MSD)
Ministry of Social Development
Dear Robert Latimer,
The Ministry acknowledges receipt of your email of 13 November 2014. Your request has been forwarded to the appropriate officials at National office to respond and you may expect a response 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
show quoted sections
Robert Latimer left an annotation ()
Sort of. The written delegation was to "all employees of Senior Services".
However, it's still hard to believe that it's appropriate to delegate a power granted specifically to the chief executive by section 70 to a Customer Service Representative.
Alex Harris left an annotation ()
Appropriateness and validity are two different questions. The OIA will only help you with the second.
From: Robert Latimer
Dear OIA_Requests (MSD),
The reply to this request is long overdue.
Yours sincerely,
Robert Latimer
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Alex Harris left an annotation ()
Did they answer the second part of the request, about whether the decision-maker actually had the required delegation?
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