Tçnâ koe Clampett Trust,

Thank you for your request under the Official Information Act 1982 (the
Act) to the Ministry of Health-Manatû Hauora on 4 January 2025.

 

The Ministry does not hold any information relating to your request;
however, I have been advised that this information is held by Health New
Zealand (Te Whatu Ora – [1][email address]). For this reason, I
have decided to transfer your request to Health New Zealand under section
14(b)(i) of the Act. You can expect a response from their agency in due
course. 

 

Under section 28(3) of the Act, you have the right to ask the Ombudsman to
review any decisions made under this request. The Ombudsman may be
contacted by email at: [2][email address] or by calling 0800
802 602.

 

Ngâ mihi 
  

OIA Services Team

Manatû Hauora | Ministry of Health

M[3]inistry of Health information releases 

  

 

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Tēnā koe, 

 

Thank you for contacting Health NZ, Te Whatu Ora. This is an automatic
reply to confirm that we have received your email.  Depending on the
nature of your request you may not receive a response for up to 20 working
days.  We will try to respond to your query as quickly as possible.

 

 

Ngā mihi

 

Health NZ, Te Whatu Ora.

Statement of confidentiality: This email message and any accompanying
attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege. If you are not the intended recipient, do not read, use,
disseminate, distribute or copy this message or attachments. If you have
received this message in error, please notify the sender immediately and
delete this message

Tēna koutou

Thank you for your information request of 9 January 2025, for the
following information:

 1. Could you kindly supply the information of how many revocations of
enduring power of attorney that Te Whatu Ora ( Health NZ) has
administered on patients in their care in the last 4 years?

 2.  How many cases of removal of enduring power of attorney through the
family court has occurred in the last 4 years by Health NZ?

 3. How many of those cases were considered 'vulnerable people'?

 4.  How many revocations of enduring power of attorney through the family
court have been overturned? 

 5. What legislation is used to revoke an enduring power of attorney?

 6.  What is a 'legal mandate'?

 7.  Who holds the power of attorney when Health NZ has a 'legal mandate'
over a person in their care?

 8. Are the orginal enduring power of attorneys given information about
the revocation of their power of attorney when Health NZ becomes the
power of attorney over someone in their care? If so,who does this and
under what legislation?

 9. Is an assessment done first before this process?

10. Are family and caregivers given input into this process? If so, how
and under what process?

11. Are all cases of revocation of EPOA lodged with the HDC?

Questions 2-4 of your request asks for information which is more closely
aligned with the functions of the Ministry of Justice. For this reason,
Health New Zealand has decided to partially transfer questions 2-4 to the
Ministry of Justice under section 14(b)(ii) of the Official Information
Act 1982 (the Act). You can expect a response from the Ministry of Justice
in due course.

Under section 28(3) of the Act you have the right to ask the Ombudsman
to review any decisions made under this request. The Ombudsman may be
contacted by email at: [1][email address] or by calling 0800
802 602. 

If you have any queries related to this request, please do not hesitate to
get in touch.

Ngā mihi,

Eden   

Advisor | Kaitohutohu

Government Services (OIA)

Health New Zealand | Te Whatu Ora

Statement of confidentiality: This email message and any accompanying
attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege. If you are not the intended recipient, do not read, use,
disseminate, distribute or copy this message or attachments. If you have
received this message in error, please notify the sender immediately and
delete this message

References

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1. mailto:[email address]

Tēnā koutou 
 

Thank you for your request for information regarding revocations of
Enduring Power of Attorney, on 4 January 2025, which was transferred to
Health New Zealand | Te Whatu Ora on 9 January 2025. 

 

Please find attached our response to your request.

 

If you have any questions, please get in touch
at [1][email address].
 

If you are not happy with this response, you have the right to make a
complaint to the Ombudsman. Information about how to do this is
available at [2]www.ombudsman.parliament.nz or by phoning 0800 802 602.
 

Ngā mihi, 
 

Eden 

Advisor | Kaitohutohu

Government Services (OIA)

Health New Zealand | Te Whatu Ora

Statement of confidentiality: This email message and any accompanying
attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege. If you are not the intended recipient, do not read, use,
disseminate, distribute or copy this message or attachments. If you have
received this message in error, please notify the sender immediately and
delete this message

References

Visible links
1. mailto:[email address]
2. http://www.ombudsman.parliament.nz/

Tēnā koe Clampett Trust,

 

The Ministry of Justice (the Ministry) acknowledges receipt of the below
request under the Official Information Act 1982, partially transferred
from the Health New Zealand:

 

2. How many cases of removal of enduring power of attorney through the
family court has occurred in the last 4 years by Health NZ?
3. How many of those cases were considered 'vulnerable people'?
4. How many revocations of enduring power of attorney through the family
court have been overturned?

 

This has been forwarded onto the relevant business unit to respond to. 

 

The Ministry may publish the response to your request on our website, you
can expect that if your OIA is to be published that this will take place
at least 10 working days after it has been sent you. Your name and any
other personal information will be withheld under Section 9(2)(a) (protect
the privacy of natural persons). 

 

You can expect a response by 13/03/2025.

 

 

Ngā mihi

 

   

Communications and Ministerial Services |Corporate Services

Ministry of Justice | Tāhū o te Ture
DX Box SX 10088 | Wellington

[1]www.justice.govt.nz

 

 

 

 

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Kia ora Clampett,

 

I refer to your request of 9 January 2025, requesting, under the Official
Information Act 1982 (the Act) information regarding enduring power of
attorney revocations.

 

On 13 February 2025, Health New Zealand transferred these parts of your
request to the Ministry of Justice (the Ministry) for response:

 

 2. How many cases of removal of enduring power of attorney through the
family court has occurred in the last 4 years by Health NZ?
 3. How many of those cases were considered 'vulnerable people'?
 4. How many revocations of enduring power of attorney through the family
court have been overturned

 

In reference to parts 2 and 4 of your request, while the Ministry holds
information on the number of applications to revoke an appointment of
power of attorney that were granted and the number of appeals that
resulted in these application outcomes being overturned, information on
how many of these cases involved Health NZ is considered to be court
information.

 

Courts are not subject to the Act under section 2(6)(a). For that reason,
these parts of your request in their current form would be refused under
section 18(g)(i) of the Act, on the grounds that the information requested
is not held by the Ministry and there are no grounds for believing it is
held by another agency subject to the Act.

 

Therefore, in line with section 15(1AA) of the Act, the Ministry is
seeking to clarify parts 2 and 4 of your request. Please can you confirm
whether you are happy to be provided information on the number of
applications to revoke an appointment of power of attorney that were
granted and the number of appeals that resulted in these application
outcomes being overturned, irrespective of whether these cases involved
Health NZ?

 

We would appreciate it if you could respond by no later than 24 February
2025, with your clarified request.

 

Please note that as the Ministry has sought to clarify your request within
the first seven working days, on receipt of the confirmed scope, the
timeline to respond to you may reset under section 15(1) of the Act.

 

You have the right under section 28 of the Act to seek a review of this
decision in the handling of your request from the Ombudsman.  The
Ombudsman’s contact details are available at:  [1]Contact the Ombudsman |
Ombudsman New Zealand

 

Thank you for your help with this.

 

 

 

Ngā mihi,

 

  Communications and Ministerial Services | Corporate Services

Ministry of Justice | Tāhū o te Ture
Justice Centre | 19 Aitken Street, Wellington (6011)

[2][email address]

[3][email address]

[4][email address]

[5]justice.govt.nz

 

 

 

 

From: hnzOIA <[email address]>
Sent: Thursday, February 13, 2025 9:03 AM
To: Clampett trust <[FOI #29680 email]>
Subject: Partial transfer of your request for official information ref
HNZ00076141 CRM:0623027

 

Tēna koutou

Thank you for your information request of 9 January 2025, for the
following information:

 1. Could you kindly supply the information of how many revocations of
enduring power of attorney that Te Whatu Ora ( Health NZ) has
administered on patients in their care in the last 4 years?
 2. How many cases of removal of enduring power of attorney through the
family court has occurred in the last 4 years by Health NZ?
 3. How many of those cases were considered 'vulnerable people'?
 4. How many revocations of enduring power of attorney through the family
court have been overturned?
 5. What legislation is used to revoke an enduring power of attorney?
 6. What is a 'legal mandate'?
 7. Who holds the power of attorney when Health NZ has a 'legal mandate'
over a person in their care?
 8. Are the orginal enduring power of attorneys given information about
the revocation of their power of attorney when Health NZ becomes the
power of attorney over someone in their care? If so,who does this and
under what legislation?
 9. Is an assessment done first before this process?
10. Are family and caregivers given input into this process? If so, how
and under what process?
11. Are all cases of revocation of EPOA lodged with the HDC?

Questions 2-4 of your request asks for information which is more closely
aligned with the functions of the Ministry of Justice. For this reason,
Health New Zealand has decided to partially transfer questions 2-4 to the
Ministry of Justice under section 14(b)(ii) of the Official Information
Act 1982 (the Act). You can expect a response from the Ministry of Justice
in due course.

Under section 28(3) of the Act you have the right to ask the Ombudsman
to review any decisions made under this request. The Ombudsman may be
contacted by email at: [6][email address] or by calling 0800
802 602.

If you have any queries related to this request, please do not hesitate to
get in touch.

Ngā mihi,

Eden

Advisor | Kaitohutohu

Government Services (OIA)

Health New Zealand | Te Whatu Ora

Statement of confidentiality: This email message and any accompanying
attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege. If you are not the intended recipient, do not read, use,
disseminate, distribute or copy this message or attachments. If you have
received this message in error, please notify the sender immediately and
delete this message

References

Visible links
1. https://www.ombudsman.parliament.nz/cont...
2. mailto:[email address]
3. mailto:[email address]
4. mailto:[email address]
5. http://www.justice.govt.nz/
6. mailto:[email address]