Hon Priyanca Radhakrishnan MP for Maungakiekie
Minister for the Community and Voluntary Sector
Minister for Diversity, Inclusion and Ethnic Communities
Minister for Youth
Associate Minister for Social Development and Employment
Associate Minister for Workplace Relations and Safety
16 January 2023
Canterbury Victim
[FYI request #21265 email]
Tēnā koe,
Official Information Act 1982 request: Written Parliamentary Question documents Thank you for your email of 28 November 2022 requesting, under the Official Information Act
1982 (the Act), 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
Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand
+64 4 817 8735 | [Priyanca Radhakrishnan request email] | beehive.govt.nz
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 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.
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 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.
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
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 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.
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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 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.
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)
d. 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 recollection of becoming informed of criminal
behaviour then please deny this request based on Section 18(e) and 18(g).
I have no knowledge of the information you have provided above, therefore your request is
refused under the following grounds of the Act:
s18(e): that the document alleged to contain the information requested does not exist
or, despite reasonable efforts to locate it, cannot be found; and
s18(g): that the information requested is not held by the department or venture or
Minister of the Crown or organisation and the person dealing with the request has no
grounds for believing that the information is either—
(i) held by another department (for itself and for a departmental agency hosted
by it or an interdepartmental executive board serviced by it) or
interdepartmental venture or Minister of the Crown or organisation, or by a
local authority; or
(ii) connected more closely with the functions of another department (for itself
and for a departmental agency hosted by it or an interdepartmental executive
board serviced by it) or interdepartmental venture or Minister of the Crown or
organisation or of a local authority
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You have the right to seek an investigation and review by the Ombudsman of this decision.
Information about how to make a complaint is available at www.ombudsman.parliament.nz
or freephone 0800 802 602.
Thank you again for writing.
Ngā mihi,
Hon Priyanca Radhakrishnan
Minister for the Community and Voluntary Sector
Minister for Diversity, Inclusion and Ethnic Communities
Minister for Youth
Associate Minister for Social Development and Employment
Associate Minister for Workplace Relations and Safety
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