Knowledge of potential criminal activity by government employees

Canterbury Victim made this Official Information request to Christchurch City Council

This request has been reported as needing administrator attention (perhaps because it is vexatious, or a request for personal information)

From: Canterbury Victim

Dear Christchurch City Council,

I am making requests for official information. These requests are being made on the grounds of public interest in relation to the matters of transparency; participation; accountability; administration of justice; health, safety and the environment.

The references to “the Councillor” are each of the 16 Councillors for the Christchurch City Council. This single document should be considered to be 16, one for each of the Councillors. Please let me know if you would like me to submit additional requests instead.

Please note that the requests are not just for documents, but also information. As such with regards to the Office of the Ombudsman guidance document “The LGOIMA for local government agencies” these requests for official information include “information held in the memory of” the Councillor addressed and only the Councillor addressed, not the staff of the office of the Councillor. As such unless there is a document which provides the information requested, the Councillor must be questioned to provide the held information from their memory. No sections of this request can be denied based on Section 17(e) unless they are also denied on Section 17(g).

Each of the points below is an individual request for official information. If any of the responses need to be extended that should not impact delivery of responses for those that do not require an extension. Any decision to extend a deadline should be accompanied with a Section 22 response.

Any information that is denied should be accompanied with a Section 22 response providing the reasons for the decision to deny the information. These should include the dates and times that the Councillor was questioned about their memory of the official information.

As per the Office of the Ombudsman guidance a clarification requested will only reset the deadline for the individual requests where a clarification is provided, the remainder of the requests for official information in this communication will have the original deadline remain.

Further in relation to the Office of the Ombudsman guidance “The agency’s primary legal obligation is to notify the requester of the decision on the request ‘as soon as reasonably practicable’. The reference to 20 working days is not the de facto goal but the absolute maximum (unless it is extended appropriately).” If the notification does happen on the last day of the 20 working day deadline please provide a Section 22 response as to why the decision was made that it was not ‘reasonably practicable’ to provide the decision sooner.

I am not providing a Privacy Waiver, and so any response to these requests for official information should have my personal information redacted.

These requests will make reference to official information held within the document located at https://bit.ly/3K29MME This request for official information is about official information held by the Councillor addressed and therefore should not be transferred and instead be denied if the information is not held by the addressed Councillor.

1. When did the Councillor 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 Councillor’s memory will fulfil the request. If the Councillor has no recollection of becoming aware of the document before receiving this request for official information, then the date the Councillor 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 Councillor first become aware of these or similar events? If there does not exist a document with this information then an approximate date from the Councillor’s memory will fulfil the request. If the Councillor has no recollection of becoming aware of such events before receiving this request for official information, then the date the Councillor 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 Councillor 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 Councillor’s memory will fulfil the request. If the Councillor has no recollection of becoming aware of such events before receiving this request for official information, then the date the Councillor 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 Councillor 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 Councillor’s memory will fulfil the request. If the Councillor has no recollection of becoming aware of such events before receiving this request for official information, then the date the Councillor 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 Councillor 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 Councillor’s memory will fulfil the request. If the Councillor has no recollection of becoming aware of such events before receiving this request for official information, then the date the Councillor 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 Councillor first become aware of these events? If there does not exist a document with this information then an approximate date from the Councillor’s memory will fulfil the request. If the Councillor has no recollection of becoming aware of such events before receiving this request for official information, then the date the Councillor 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 official information to show that it was not sincere. When did the Councillor first become aware of these events? If there does not exist a document with this information then an approximate date from the Councillor’s memory will fulfil the request. If the Councillor has no recollection of becoming aware of such events before receiving this request for official information, then the date the Councillor 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 Councillor first become aware of these events? If there does not exist a document with this information then an approximate date from the Councillor’s memory will fulfil the request. If the Councillor has no recollection of becoming aware of such events before receiving this request for official information, then the date the Councillor was asked to recall their memory will fulfil the request.

Yours faithfully,

“Canterbury Victim”

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From: Official Information
Christchurch City Council


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Dear Canterbury Victim,

 

I refer to your request below.

 

Much of what you have requested does not refer to the Christchurch City
Council or Councillors or in fact requesting official information. The
Council is not obligated to form an opinion or create information to
respond to a request.

 

From searches staff are not aware of this document and do not have a
record of it being received by the Council. Therefore much of this request
is being refused under the following section of the LGOIMA - 17(g) – the
information requested is not held by the local authority.

 

It is important to note following the recent local body elections, a
number of Councillors present at the time the document was created are no
longer with the Council. The same is assumed for staff. To conduct a
forensic search would constitute substantial collation and research to
complete.

 

In response to Question 3:

 

Question 3 states:

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 Councillor 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 Councillor’s memory will fulfil the request.
If the Councillor has no recollection of becoming aware of such events
before receiving this request for official information, then the date the
Councillor was asked to recall their memory will fulfil the request.

 

This relates to the following extract in the linked document, which is
dated 24 August 2018:

 

Our current Consent Team Leaders were not in those positions at that time
or any time beforehand, so it is not possible request them to recall this
discussion.

 

Staff provide some commentary below in any case.

 

Firstly, an enquiry from a customer is not collusion.  This is no
different to any customer requesting information on what details need to
be provided as a part of a building consent application.

 

In this situation it is relatively easy to envisage what the enquiry from
Andrew Buckley was about. Section 17 of the Building Act requires
buildings to comply with the Building Code, but only to the extent
required by the Act. Section 112 then applies so that new building work
complies, but the rest of the building does not have to comply to any
greater extent than it did before the work commenced.

 

This means that there was no requirement under the Building Act to upgrade
the cladding from what it was beforehand.

The MBIE guidance was intended to provide advice to a wide range of people
and much of it was not enforceable by the Council.

 

There were many building consents where the work does not comply with the
MBIE guidance, but we have had reasonable grounds that it will comply with
the Building Code to the extent required by the Building Act. These have
not been documented in a way that can be extracted from any database as
each application is assessed on its own merits.

 

You have the right to request the Ombudsman to review this decision.
Complaints can be sent by email to [1][email address], by fax
to (04) 471 2254, or by post to The Ombudsman, PO Box 10152, Wellington
6143.

 

Kind regards,

 

Sean

 

 

Sean Rainey
Manager Official Information and Privacy Officer
Official Information Team

 

 

 

 
   

 

 

 

 

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