Tēnā koe D Dahya

Thank you for your email received 15 February 2016. Your request has been forwarded to the appropriate officials at National office to respond. You may expect a response to be sent to you as soon as possible.
 
Nā mātou noa, nā

Official and Parliamentary Information team   |  Ministerial and Executive Services
Ministry of Social Development

Our Purpose:
We help New Zealanders to help themselves to be safe, strong and independent
Ko ta mātou he whakamana tangata kia tū haumaru, kia tū kaha, kia tū motuhake

-----Original Message-----
From: D Dahya [mailto:[FOI #3638 email]]
Sent: Monday, 15 February 2016 2:13 p.m.
To: OIA_Requests (MSD)
Subject: Official Information Act request - MSD obligations to job seekers are misleading as they are not supported by legislation(SS Act)

Dear Ministry of Social Development,

Background:
There are numerous references noted in the MSD/WINZ websites of the obligations of MSD to the job seeker ie provide support for job seeking activities etc yet these obligations are not supported by legislation in the Social Securities Act.

1. Regarding the original Job Seeker Agreements(atleast prior to 2008) provided to beneficiaries by WINZ it clearly noted the obligations of both parties ie beneficiaries and MSD. Currently the equivalent form of the JSA existing today - presented on reapplication of the job seeker benefit - does not contain any obligations to the job seeker by MSD.

Why has this been removed ?

2. There are numerous references to MSD obligations to the job seeker noted on MSD/WINZ websites yet these obligations are not supported(nor enforceable?) by any legislation in the Social Securities Act.

Why is this and are these obligations enforceable in any way at all?

Why isn't the information advertised on your websites aligned with MSD's accountability and why isn't it supported by legislation?

Can they be enforced by the Social Security Appeals Authority despite not being supported by legislation?

Yours faithfully,

D Dahya

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This email and any attachments may contain information that is confidential and subject to legal privilege. If you are not the intended recipient, any use, dissemination, distribution or duplication of this email and attachments is prohibited. If you have received this email in error please notify the author immediately and erase all copies of the email and attachments. The Ministry of Social Development accepts no responsibility for changes made to this message or attachments after transmission from the Ministry.

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Dear D Dahya

Attached is the reply to your email of 15 February 2016.

Yours sincerely

Pia Wihapi
Advisor
Ministerial and Executive Services (Correspondence)

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This email and any attachments may contain information that is confidential and subject to legal privilege. If you are not the intended recipient, any use, dissemination, distribution or duplication of this email and attachments is prohibited. If you have received this email in error please notify the author immediately and erase all copies of the email and attachments. The Ministry of Social Development accepts no responsibility for changes made to this message or attachments after transmission from the Ministry.

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Dear D Dahya

Your questions as asked have been answered in the reply of 1 April 2016, and if you believe they have not been answered, you have a right to complain to the Ombudsman.

However, if you wish to refine your questions, please do that and we will respond as appropriate.

Yours sincerely

Pia Wihapi

-----Original Message-----
From: D Dahya [mailto:[FOI #3638 email]]
Sent: Tuesday, 24 May 2016 12:31 a.m.
To: Pia Wihapi
Subject: Re: D Dahya

Dear Pia Wihapi,

I have received your 7 March 16 response to my information request, however, it does not answer the questions I have submitted.

Responses to each of my points are;

Point 1 - You advised that there is an entire section on obligations noted on the 52 week reapplication form.

This is entirely true but it refers to the obligations of the job seeker/beneficiary to MSD.

Point 2 - You advised that the obligations are set out in section 102A of the Social Securites Act 1964 - again this is true but, again, refers to obligations of the job seeker/beneficiary to MSD.

Point 3 - You advised that the obligations are legislated for and are outlined in the url below..
http://www.workandincome.govt.nz/on-a-be...

Yes, the obligations are outlined here but, again, refer to the obligations of jobseekers/beneficiary's to MSD - not MSD's obligations to jobseekers/beneficiaries.

In summary, your responses only refer to the job seekers obligations to MSD my request is, and has always been, about MSD's obligations to the jobseekers/beneficiaries.

Similarly, the legislation you refer to 102A (Social Securities Act) relates only to the job seekers obligations(to MSD) or did you mean section 1A (Purpose)and 1B Principles for MSD's obligations(to the job seeker) please clarify.

Could you correctly answer the above queries by 25th May 16 please to avoid further information requests.

Yours sincerely,

David Dahya

-----Original Message-----

Dear D Dahya

Attached is the reply to your email of 15 February 2016.

Yours sincerely

Pia Wihapi
Advisor
Ministerial and Executive Services (Correspondence)

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Please use this email address for all replies to this request:
[FOI #3638 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers

If you find this service useful as an OIA officer, please ask your web manager to link to us from your organisation's OIA page.

-------------------------------------------------------------------

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This email and any attachments may contain information that is confidential and subject to legal privilege. If you are not the intended recipient, any use, dissemination, distribution or duplication of this email and attachments is prohibited. If you have received this email in error please notify the author immediately and erase all copies of the email and attachments. The Ministry of Social Development accepts no responsibility for changes made to this message or attachments after transmission from the Ministry.

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