Weathertight Services / WHRS claim 06814 - Settlement Information
Julius To'o made this Official Information request to Ministry of Business, Innovation & Employment
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From: Julius To'o
Dear Ministry of Business, Innovation & Employment,
Please provide all WHRS claim settlement details for MBIE case number 06814 held by MBIE/Weathertight Services with respect to 9A Tavistock Road, Melrose, Wellington, settled on 10 May 2013 and closed on 27 Aug 2013.
I am in receipt of the Assessor's Follow Up report (dated 11 Mar 2012) following an information request (IRC-3854) to Wellington City Council and am seeking to reconcile suggested repairs from that report, with any conditions stipulated within the final settlement terms.
Yours faithfully,
Julius T
(Current title owner)
From: Ministerial Services
Ministry of Business, Innovation & Employment
Ref: 2223-0912
Dear Julius,
On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of the 3^rd of November 2022 requesting under the
Official Information Act 1982 (the Act), the following:
“Please provide all WHRS claim settlement details for MBIE case number
06814 held by MBIE/Weathertight Services with respect to 9A Tavistock
Road, Melrose, Wellington, settled on 10 May 2013 and closed on 27 Aug
2013.
I am in receipt of the Assessor's Follow Up report (dated 11 Mar 2012)
following an information request (IRC-3854) to Wellington City Council and
am seeking to reconcile suggested repairs from that report, with any
conditions stipulated within the final settlement terms.”
Your request is being processed in accordance with the Act and a response
will be sent to you in due course.
If you have any enquiries regarding your request, or its urgency, feel
free to contact us via email at [1][MBIE request email].
Nâku noa, nâ
MINISTERIAL SERVICES
Ngâ Pou o te Taumaru
Ministry of Business, Innovation and Employment
Level 4, 15 Stout Street, PO Box 1473, Wellington 6140
NZBN 9429000106078
References
Visible links
1. mailto:[MBIE request email]
From: *OIA
Ministry of Business, Innovation & Employment
Kia ora Julius,
Please find the Ministry’s response to your request for information
attached.
Ngâ mihi,
Ministerial Services
Te Whakatairanga Service Delivery
Ministry of Business, Innovation and Employment
15 Stout Street, Wellington 6011 | PO Box 1473, Wellington 6140
[1]http://mbieintranet/assets/MBIE-visual-i...
From: Ministerial Services
Sent: Friday, 4 November 2022 1:54 PM
To: [FOI #21026 email]
Subject: Acknowledgement of your Official Information Act Request
(2223-0912)
Ref: 2223-0912
Dear Julius,
On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of the 3^rd of November 2022 requesting under the
Official Information Act 1982 (the Act), the following:
“Please provide all WHRS claim settlement details for MBIE case number
06814 held by MBIE/Weathertight Services with respect to 9A Tavistock
Road, Melrose, Wellington, settled on 10 May 2013 and closed on 27 Aug
2013.
I am in receipt of the Assessor's Follow Up report (dated 11 Mar 2012)
following an information request (IRC-3854) to Wellington City Council and
am seeking to reconcile suggested repairs from that report, with any
conditions stipulated within the final settlement terms.”
Your request is being processed in accordance with the Act and a response
will be sent to you in due course.
If you have any enquiries regarding your request, or its urgency, feel
free to contact us via email at [2][MBIE request email].
Nâku noa, nâ
MINISTERIAL SERVICES
Ngâ Pou o te Taumaru
Ministry of Business, Innovation and Employment
Level 4, 15 Stout Street, PO Box 1473, Wellington 6140
NZBN 9429000106078
References
Visible links
2. mailto:[MBIE request email]
From: Julius To'o
Dear *OIA,
Thank you for your response.
-------------------------------------------------------------------
"The requested information refers to documents created for the purposes of mediation. Section 18(c)(i) of the OIA provides that a request may be refused where the making available of the information requested would be contrary to the provisions of a specified enactment. In this case, section 84(5) of the Weathertight Homes Resolution Services (WHRS) Act 2006 provides that the OIA does not apply to any documents created for the purposes of mediation under the WHRS Act 2006.
The Ministry is, therefore, refusing your request under section 18(c)(i) of the OIA, as disclosing the information would be contrary to section 84(5) of the WHRS Act 2006."
-------------------------------------------------------------------
With respect to MBIE case number 06814, please note that one of the terms of the Settlement Agreement is that for any future Sale & Purchase Agreements, a clause will be included which stipulates repairs to the dwelling were completed.
Without the release (or even redacted release) of the requested documents, it is impossible to know what scope of remedial work was determined by the tribunal vs what was actually completed.
Can you please reconsider the release of requested documents (even if sensitive personal information is redacted) to satisfy the Settlement Agreement clause for future purchasers of this property?
Yours sincerely,
Julius To'o
From: WSG_Ops
Ministry of Business, Innovation & Employment
Mōrena Julius
Thank you for your further email. The mediation information, including the settlement agreement, is outside of the scope of the OIA, and therefore cannot be released on those grounds. However, I would be happy to discuss your query further with you, to see how else we might be able to help. Please provide a phone number we can reach you on to [email address], or alternatively call the Weathertight team on 0800 32 44 77.
Ngā mihi
Rachel
-----Original Message-----
From: Julius To'o <[FOI #21026 email]>
Sent: Wednesday, 14 December 2022 3:57 PM
To: *OIA <[email address]>
Subject: Re: Response to your Official Information Act Request (2223-0912)
Dear *OIA,
Thank you for your response.
-------------------------------------------------------------------
"The requested information refers to documents created for the purposes of mediation. Section 18(c)(i) of the OIA provides that a request may be refused where the making available of the information requested would be contrary to the provisions of a specified enactment. In this case, section 84(5) of the Weathertight Homes Resolution Services (WHRS) Act 2006 provides that the OIA does not apply to any documents created for the purposes of mediation under the WHRS Act 2006.
The Ministry is, therefore, refusing your request under section 18(c)(i) of the OIA, as disclosing the information would be contrary to section 84(5) of the WHRS Act 2006."
-------------------------------------------------------------------
With respect to MBIE case number 06814, please note that one of the terms of the Settlement Agreement is that for any future Sale & Purchase Agreements, a clause will be included which stipulates repairs to the dwelling were completed.
Without the release (or even redacted release) of the requested documents, it is impossible to know what scope of remedial work was determined by the tribunal vs what was actually completed.
Can you please reconsider the release of requested documents (even if sensitive personal information is redacted) to satisfy the Settlement Agreement clause for future purchasers of this property?
Yours sincerely,
Julius To'o
-----Original Message-----
Kia ora Julius,
Please find the Ministry’s response to your request for information attached.
Ngâ mihi,
Ministerial Services
Te Whakatairanga Service Delivery
Ministry of Business, Innovation and Employment
15 Stout Street, Wellington 6011 | PO Box 1473, Wellington 6140
[1]http://mbieintranet/assets/MBIE-visual-i...
From: Ministerial Services
Sent: Friday, 4 November 2022 1:54 PM
To: [FOI #21026 email]
Subject: Acknowledgement of your Official Information Act Request
(2223-0912)
Ref: 2223-0912
Dear Julius,
On behalf of the Ministry of Business, Innovation and Employment I acknowledge your email of the 3^rd of November 2022 requesting under the Official Information Act 1982 (the Act), the following:
“Please provide all WHRS claim settlement details for MBIE case number
06814 held by MBIE/Weathertight Services with respect to 9A Tavistock Road, Melrose, Wellington, settled on 10 May 2013 and closed on 27 Aug 2013.
I am in receipt of the Assessor's Follow Up report (dated 11 Mar 2012) following an information request (IRC-3854) to Wellington City Council and am seeking to reconcile suggested repairs from that report, with any conditions stipulated within the final settlement terms.”
Your request is being processed in accordance with the Act and a response will be sent to you in due course.
If you have any enquiries regarding your request, or its urgency, feel free to contact us via email at [2][MBIE request email].
Nâku noa, nâ
MINISTERIAL SERVICES
Ngâ Pou o te Taumaru
Ministry of Business, Innovation and Employment
Level 4, 15 Stout Street, PO Box 1473, Wellington 6140
NZBN 9429000106078
References
Visible links
2. mailto:[MBIE request email]
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Please use this email address for all replies to this request:
[FOI #21026 email]
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