Proceedings by Winton Land Limited

Sean Marshall made this Official Information request to Kāinga Ora–Homes and Communities

Response to this request is long overdue. By law Kāinga Ora–Homes and Communities should have responded by now (details and exceptions). The requester can complain to the Ombudsman.

From: Sean Marshall

Dear Kāinga Ora,

Please provide a copy of all documents served in Kāinga Ora in relation to the High Court application against you by Winton Land Limited. In particular, please I include the Statement of Claim.

For clarity, I'm referring to the proceedings referred to in this article https://i.stuff.co.nz/business/130223791...

This is a request under the Official Information Act. You are required to respond as soon as possible and, in any case, no later than 18 November 2022. Since the agency will have this information to hand as the proceedings were recently commenced, I expect that I will not have to wait that long and that no extension of time will be needed.

Yours faithfully,

Sean Marshall

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From: Ninad Ingulkar
Kāinga Ora–Homes and Communities


Attachment OI 22 484 Sean Marshall Response.pdf
335K Download View as HTML


Dear Sean

Please see enclosed a response from Kâinga Ora to your OIA request.

Regards,

Ninad
Senior Advisor | Government Relations

-----Original Message-----
From: Sean Marshall <[FOI #20929 email]>
Sent: Thursday, 20 October 2022 3:46 PM
To: Gru FYI <[email address]>
Subject: Official Information request - Proceedings by Winton Land Limited

[You don't often get email from [FOI #20929 email]. Learn why this is important at https://aka.ms/LearnAboutSenderIdentific... ]

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Dear Kâinga Ora,

Please provide a copy of all documents served in Kâinga Ora in relation to the High Court application against you by Winton Land Limited. In particular, please I include the Statement of Claim.

For clarity, I'm referring to the proceedings referred to in this article https://aus01.safelinks.protection.outlo...

This is a request under the Official Information Act. You are required to respond as soon as possible and, in any case, no later than 18 November 2022. Since the agency will have this information to hand as the proceedings were recently commenced, I expect that I will not have to wait that long and that no extension of time will be needed.

Yours faithfully,

Sean Marshall

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This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[FOI #20929 email]

Is [Kāinga Ora request email] the wrong address for Official Information requests to Kâinga Ora–Homes and Communities? If so, please contact us using this form:
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Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
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If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.

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www.govt.nz - your guide to finding and using New Zealand government
services Any opinions expressed in this message are not necessarily
those of Kâinga Ora. This message and any files transmitted with it are
confidential, may be legally privileged, and are solely for the use of
the intended recipient. If you are not the intended recipient or the
person responsible for delivery to the intended recipient, you have
received this message in error. Please: (1) reply promptly to that
effect, and remove this email, any attachment and the reply from your
system; (2) do not use, disclose or act on this email in any other way.
Thank you.

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From: Sean Marshall

Dear Ninad,

Please see the following documents for legal authority as to why your refusal of my request is not legally valid:
Simes v Legal Services Commissioner [2017] NZHC 2331 at [68] and [71];
R v Mahanga [2001] 1 NZLR 641 (CA) at [34];
Senior Courts Act 2016, s 173; and
District Court Act 2016, s 236.

All of these legal authorities can be accessed for free at http://www.nzlii.org/

You will be aware that I have already made a complaint to the ombudsman about your refusal. However, hopefully we can shortcut that process by having you look at these authorities.

Yours sincerely,

Sean Marshall

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From: Ninad Ingulkar
Kāinga Ora–Homes and Communities

Dear Sean

As we have provided you with our decision on the request, we will wait for the Ombudsman's inquiry if further action is required.

Thanks
Ninad

-----Original Message-----
From: Sean Marshall <[FOI #20929 email]>
Sent: Monday, 5 December 2022 9:08 PM
To: Ninad Ingulkar <[email address]>
Subject: Re: Response to your Official Information request - Proceedings by Winton Land Limited

-----------------------------------------------------------------------------------------------------------------
CAUTION: External email. Do not click or open attachments unless you recognise the sender and know the content is safe. If unsure use the Report Phishing button.
-----------------------------------------------------------------------------------------------------------------
Dear Ninad,

Please see the following documents for legal authority as to why your refusal of my request is not legally valid:
Simes v Legal Services Commissioner [2017] NZHC 2331 at [68] and [71]; R v Mahanga [2001] 1 NZLR 641 (CA) at [34]; Senior Courts Act 2016, s 173; and District Court Act 2016, s 236.

All of these legal authorities can be accessed for free at https://aus01.safelinks.protection.outlo...

You will be aware that I have already made a complaint to the ombudsman about your refusal. However, hopefully we can shortcut that process by having you look at these authorities.

Yours sincerely,

Sean Marshall

-----Original Message-----

Dear Sean

Please see enclosed a response from Kâinga Ora to your OIA request.

Regards,

Ninad
Senior Advisor | Government Relations

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #20929 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://aus01.safelinks.protection.outlo...

If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.

-------------------------------------------------------------------

www.govt.nz - your guide to finding and using New Zealand government
services Any opinions expressed in this message are not necessarily
those of K?inga Ora. This message and any files transmitted with it are
confidential, may be legally privileged, and are solely for the use of
the intended recipient. If you are not the intended recipient or the
person responsible for delivery to the intended recipient, you have
received this message in error. Please: (1) reply promptly to that
effect, and remove this email, any attachment and the reply from your
system; (2) do not use, disclose or act on this email in any other way.
Thank you.

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Things to do with this request

Anyone:
Kāinga Ora–Homes and Communities only: