13 December 2022
Canterbury Victim
[FYI request #21219 email]
Dear Canterbury Victim
Thank you for your Official Information Act (OIA) request, received on 25 November
2022. You requested the following information:
1.
When did the Minister first become aware of the document that exists at
https://bit.ly/3K29MME? If there does not exist a document with this
information then an approximate date from the Minister’s memory wil fulfil
the request. If the Minister has no recollection of becoming aware of the
document before receiving this request for official information, then the date
the Minister was asked to recall their memory will fulfil the request.
2.
The linked document includes official information where government
employees at Southern Response have been altering documents and
instructing others to alter documents they did not author in order to create a
false representation of facts and timelines where those documents were then
used to cause loss by deception. When did the Minister first become aware
of these or similar events? If there does not exist a document with this
information then an approximate date from the Minister’s memory will fulfil
the request. If the Minister has no recollection of becoming aware of such
events before receiving this request for official information, then the date the
Minister was asked to recall their memory will fulfil the request.
3.
The linked document includes official information where Southern Response
employees conspired with a Consent Team Leader at Christchurch City
Council to get agreement that a building consent would be granted despite
the repair methodology did not match the submitted technical documents,
was in violation of the MBIE repair guidance, and ultimately would result in a
house repair that they knew had not been approved as meeting the Building
Code. When did the Minister first become aware of these or similar events?
This question is not limited to the example given in the linked document and
can relate to any instance of this deceptive behaviour. If there does not exist
a document with this information then an approximate date from the
Minister’s memory wil fulfil the request. If the Minister has no recollection of
becoming aware of such events before receiving this request for official
information, then the date the Minister was asked to recall their memory will
fulfil the request.
4.
The linked document includes information regarding Southern Response
committing a significant breach of the Fair Insurance Code (the accepted
New Zealand Code of Ethics for the Insurance Industry) so significantly that
the behaviour of the involved government employees would bring the entirety
of the New Zealand Insurance Industry into disrepute. When did the Minister
first become aware that government employees were responsible for the first
ever unresolved significant breach of the Fair Insurance Code being referred
to the Insurance Council of New Zealand? If there does not exist a document
with this information then an approximate date from the Minister’s memory
will fulfil the request. If the Minister has no recollection of becoming aware of
such events before receiving this request for official information, then the
date the Minister was asked to recall their memory will fulfil the request.
5.
The linked document includes information regarding the Dispute Resolution
Scheme (regulated by the Financial Service Providers (Registration and
Dispute Resolution) Act 2008) specifically not addressing matters of
dishonesty in their assessment of behaviour of the government staff despite
finding that Southern Response significantly breached the Fair Insurance
Code. When did the Minister first become aware that the Dispute Resolution
Scheme declined to consider dishonesty, when specifically asked to address
matters of dishonesty in the details of the complaint, when assessing
violations of the insurance industry Code of Ethics? This question is not
limited to the example given in the linked document and can relate to any
instance of this behaviour. If there does not exist a document with this
information then an approximate date from the Minister’s memory wil fulfil
the request. If the Minister has no recollection of becoming aware of such
events before receiving this request for official information, then the date the
Minister was asked to recall their memory will fulfil the request.
6.
The linked document includes official information regarding the Insurance
Council of New Zealand (ICNZ) communicating with the CEO of Southern
Response stating that the complaint of the behaviour of Southern Response
had been heard at their last meeting despite us being told that it would not
be heard at that meeting; and that had ICNZ not forced us to go through the
Dispute Resolution Scheme that ICNZ would have found Southern
Response in violation of the Code at that meeting, but instead ICNZ delayed
the complaint of two cancer patients to allow Southern Response to be better
prepared should the DIspute Resolution Scheme refer the complaint back to
ICNZ. Southern Response then went on to utilise the law firm where a former
partner, and consultant of that law firm is a sitting member of the ICNZ
committee that assessed Southern Response’s behaviour. When did the
Minister first become aware of these events? If there does not exist a
document with this information then an approximate date from the Minister’s
memory will fulfil the request. If the Minister has no recollection of becoming
aware of such events before receiving this request for official information,
then the date the Minister was asked to recall their memory will fulfil the
request.
7.
The linked document includes information regarding the Dispute Resolution
Scheme finding that the Significant Breach of the Fair Insurance Code was
unresolved despite the apology and ex gratia payment, but the Insurance
Council of New Zealand (ICNZ) stating that the complaint was resolved by
the apology and ex gratia payment. This is despite direct communication
between Southern Response and ICNZ where Anthony Honeybone states
that the apology was not sincere and instead was simply easier than telling
me how I was wrong about Southern Response’s behaviour. The linked
document also addresses all parts of the Southern Response apology with
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official information to show that it was not sincere. When did the Minister first
become aware of these events? If there does not exist a document with this
information then an approximate date from the Minister’s memory will fulfil
the request. If the Minister has no recollection of becoming aware of such
events before receiving this request for official information, then the date the
Minister was asked to recall their memory will fulfil the request.
8.
The linked document includes information regarding government employees
setting a one week deadline for me after I told them I was in hospital and
needed to reduce stress. The deadline required me to provide engineering
information because they would not accept their own engineering advice that
their desired repair methodology was inappropriate. These actions have
been described by the New Zealand Police as “seems inappropriate and
appears to be taking advantage of your medical circumstances”. When did
the Minister first become aware of these events? If there does not exist a
document with this information then an approximate date from the Minister’s
memory will fulfil the request. If the Minister has no recollection of becoming
aware of such events before receiving this request for official information,
then the date the Minister was asked to recall their memory will fulfil the
request.
9.
Please provide the dates for each of these connected events if they
happened with the Minister all for a single official information requestor within
the last 6 months:
a
The Minister denied the existence of official information based on
section 18(e)
b
The requestor provided evidence that documents do exist with the
requested information
c
The Minister then stated that it was already known the documents
existed, but that there was a desire to not provide the documents
because they contain discussions that are too “full and frank” to be
made public
d
The Minister then denied the request again based instead on 9(2)(ba)
If there does not exist a document with this information then an
approximate date from the Minister’s memory wil fulfil the request. If
the Minister has no recollection of becoming aware of such events
before receiving this request for official information, then the please
deny this request based on Section 18(e) and 18(g).
10. If request 9 is not denied then please provide the date at which the Minister
was first informed that there was belief that those engaged with the Minister
in the “full and frank” conversations may be committing crimes. If there does
not exist a document with this information then an approximate date from the
Minister’s memory wil fulfil the request. If the Minister has no recol ection of
becoming informed of criminal behaviour then please deny this request
based on Section 18(e) and 18(g).
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I have no knowledge of the information you have provided above, therefore your request
is refused under section 18(e) of the OIA –
the document alleged to contain the
information requested does not exist or cannot be found, and section 18(g) of the OIA–
that the information requested is not held by the Treasury or Minister and there are no
grounds for believing that the information is held by, or more closely connected to the
functions of, another department, Minister or organisation.
This reply addresses the information you requested. You have the right to ask the
Ombudsman to investigate and review my decision.
Yours sincerely
Hon Grant Robertson
Minister of Finance
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