FORMAL NOTICE OF COMPLAINT
Serious Misconduct, Privacy Breach, Defamation, Doxing, and Misuse of Position
To: Chief Executive and Privacy Officer
Horizons Regional Council
Cc: Board of Directors
Manawatū-Whanganui LASS Limited
. Introduction
I lodge this
formal complaint regarding the conduct of Martyn Lindsay Boyce, Operations
Manager of
Manawatū-Whanganui LASS Limited (MWLASS), a council-controlled organisation
associated with
Horizons Regional Council.
This complaint concerns the
collection, compilation, and public disclosure of my personal
information in an affidavit sworn by Mr Boyce dated
16 July 2025 filed in the High Court proceeding
CIV-2024-454-000074.
The affidavit and its annexures contain material including:
My
full name
Photographs
Residential address
Property title records
Screenshots and extracts from
restricted membership websites
Material obtained from
social media and other online sources
The material was published in a
public court document and accompanied by
unverified
allegations implying financial misconduct and questionable activities.
These allegations appear
unsupported, irrelevant to the legal issues before the Court, and
highly damaging to my reputation.
The disclosure of my residential address, photograph, and other personal information in a public court
filing constitutes conduct commonly referred to as
doxing, and has resulted in
significant
reputational harm, embarrassment, and unwarranted exposure of personal information.
The actions appear to have been undertaken
without lawful purpose, outside the legitimate
operational scope of MWLASS, and in breach of multiple statutory duties and governance
standards.
2. Breach of Staff Code of Conduct and Public Sector Standards
As an officer of a council-controlled organisation associated with
Horizons Regional Council, Mr
Boyce is required to comply with
standards of integrity, confidentiality, and responsible use of
information contained in organisational
Codes of Conduct and public sector governance
standards.
These standards typically require staff to:
Act with
honesty and integrity
Use information
only for legitimate organisational purposes
Avoid conduct that
brings the organisation into disrepute
Respect
privacy and confidentiality obligations
Avoid misuse of organisational authority or resources.
The deliberate gathering and publication of personal information unrelated to MWLASS operational
functions constitutes conduct capable of amounting to
serious misconduct and misuse of position.
3. Governance Obligations under the Local Government Act
Under the
Local Government Act 2002, local authorities and their council-controlled organisations
must operate according to principles of
accountability, transparency, and responsible
stewardship.
Relevant provisions include:
Section 14 – Principles relating to local authorities
Local authorities must conduct their business in a manner that:
Maintains
public trust and confidence
Acts
transparently and accountably
Promotes the
social and economic wellbeing of communities
MWLASS, as a council-controlled organisation, must also comply with governance expectations
under
Part 5 of the Act, which requires responsible management and accountability to the
community.
The conduct described undermines those principles and raises
serious concerns about misuse of
authority associated with a council-related organisation.
4. Breach of Duties under the Companies Act
MWLASS is incorporated under the
Companies Act 1993.
Officers of a company owe statutory duties including:
Section 131 – Duty to act in good faith and in the best interests of the company
Using a corporate role to compile and disseminate private personal information unrelated to company
operations appears inconsistent with acting in the company's best interests.
Section 137 – Duty of care, diligence and skill
Officers must exercise the care expected of a reasonable person in their position.
Publishing potentially defamatory or irrelevant material in sworn evidence exposes the organisation to
significant reputational and legal risk, which may constitute a
serious breach of officer duties.
.
5. Privacy Breach
The conduct described raises significant concerns under the
Privacy Act 2020.
Potential breaches include:
Information Privacy Principle 1 – Purpose of collection
Personal information must only be collected for a lawful and necessary purpose.
Information Privacy Principle 4 – Manner of collection
Information must not be collected through unfair or unreasonably intrusive means.
Information Privacy Principle 11 – Disclosure
Personal information must not be disclosed without lawful authority or consent.
The affidavit suggests personal information was
compiled from multiple sources and publicly
disclosed without consent, raising serious concerns regarding compliance with the Privacy Act.
6. Doxing and Harmful Digital Publication
The publication of my
residential address, photograph, and other personal identifying
information in a public document accompanied by damaging allegations constitutes conduct
commonly described as
doxing.
Such conduct may engage provisions under the:
Harmful Digital Communications Act 2015
Harassment Act 1997
These statutes recognise harm arising from
digital publication of personal information intended
to cause reputational harm or distress.
I (we) have resided within Horizons Regional Council Boundary since 1980; I (we) have been
Residents and Ratepayers since 1984, I (we) are known to many throughout entire Region because
of my (our) community involvement with Volunteer Services. Being long time members of the
Palmerston North community Mr. Boyce’s Court filed Affidavit causes my (us) reputational harm.
7. Defamation
The affidavit contains statements implying
financial mismanagement and improper conduct.
These allegations appear:
Unverified
Unsupported by evidence
Irrelevant to the issues before the Court
The publication of such allegations in a sworn affidavit is capable of causing
serious reputational
damage and may constitute defamation under the:
Defamation Act 1992
8. Possible Improper Access to Information Systems
If any information was obtained using
workplace systems, council databases, paid subscriptions,
or organisational resources, the conduct may also raise issues under the:
Crimes Act 1961
Relevant provisions include offences relating to:
Unauthorised access to computer systems
Accessing information for dishonest purposes
9. Potential Misuse of Land Information Records
The affidavit annexures include
property title records sourced from the Land Information New
Zealand register.
The circumstances surrounding how this information was obtained raise concerns regarding the
purpose and use of land title information, and whether it was obtained through third parties or
organisational access.
This issue may require clarification from:
Land Information New Zealand
10. Accountability and Oversight
Given that MWLASS is a
council-controlled organisation funded by public resources,
governance oversight may fall within the jurisdiction of the:
Office of the Auditor-General
If the conduct involves misuse of authority, public resources, or governance failures, the matter may
warrant review by that office.
11. Evidence
Evidence supporting this complaint includes:
1. Affidavit sworn by
Martyn Lindsay Boyce dated
16 July 2025.
2. Annexures containing:
o
Personal photograph
o
Residential address
o
Property title records
o
Screenshots from restricted membership websites
o
Social media extracts
3. Service documentation relating to the High Court proceeding.
Hard copy evidence can be provided upon request.
12. Police Complaint
Due to the seriousness of the conduct described,
a formal complaint will also be lodged with:
New Zealand Police
This complaint will request assessment of whether any offences under the
Crimes Act 1961,
Harmful Digital Communications Act 2015, or other relevant statutes have occurred.
13. Requested Actions
I respectfully request that
Horizons Regional Council and the governing body of MWLASS:
1.
Acknowledge receipt of this complaint within five (5) working days. 2. Conduct a
formal investigation into the conduct of Mr Boyce, including whether:
o
Council or MWLASS resources were used
o
Privacy obligations were breached
o
Officer duties under company law were breached
o
Staff code of conduct obligations were violated.
3. Provide
written findings and any remedial action taken. 4. Confirm what steps will be taken to:
o
Address the
publication of personal information
o
Prevent recurrence of similar conduct
o
Ensure compliance with privacy and governance obligations.
If the matter cannot be resolved internally, I reserve the right to refer the matter to relevant regulatory
authorities including:
Office of the Privacy Commissioner
Office of the Auditor-General
Yours faithfully
