Dear Canterbury District Health Board,

I am a law graduate and current honours student in international relations and diplomatic. I seek information relating to current practices and procedures undertaken by the DHB in respects of the release of the release of patient information. In no manner do I ask for you to comment on any individual nor any specific case.

This is a request for information, made under the provisions of ss 4 and 5 of the Official Information Act 1982 (“the Act”). I therefore seek the release of the following information;

(1) If CORS case mangers have access to patient files requested, are they required to release such information if so requested by the patient to which the files pertain?
(2) If CORS are not in direct possession of a patients case files, are they required to obtain such information and present it to patients?
(3) If case managers are not allowed to release patient files, are managers of CORS allowed to release such information to patients to which the files pertain?
(4) What is the procedure for the release of patient files by CORS to patients?
(5) Is CORS governed by the Health Information Privacy Code 1994? I refer you specifically to rule 6
(6) If CORS is not governed by the Health Information Privacy Code 1994, please direct me to the relevant documents that explains CORS policy towards the release of patient information.
(7) On your website http://www.cdhb.health.nz/ under the tab patients and visitors-- sub tab concerns about your care-- you note under the heading "Personal information and your privacy" that "There are clearly stated rules for the release of any information in the Health Information Privacy Code (1994) (HIP Code) and other legislation." Please specifically list the "other legislation" that governs the release of any information in respects of patients.
(8) If possible, please note the relevant sections and subsections that you believe that grant you the legislative authority to release/ not release patient files.

Please CONFIRM receipt of this email to prevent unnecessary follow-up emails and extensions being requested.
------------------------------------------------------------------------------------------------------------------

As required by s12(1) of the Act, I am a New Zealand citizen. I will provide confirmation of this, if required. However, since all of our correspondence will be published on the FYI.org.nz site, I will only do so over the phone or email, with which you provide. This would only be for the purpose of citizenship confirmation, and nothing further related to this request.

As required by s12(3) of the Act, I shall provide reason(s) why this request should be treated as URGENT. The questions above raise important issues of accountability of the Government, its departments and agents. Any and all information provided as a result of this request could and may be published either by the writer online to a wide audience or passed onto media outlets for publication so that the public can be kept informed on important issues of transparency.

As required by s13(c) of the Act, if this request “has not been made … to the appropriate department or Minister of the Crown or organisation or local authority”, it is your duty to give reasonable assistance to me to direct my request to the appropriate department or Minister of the Crown or organisation or local authority.

Further to the above statutory requirement, under s14 of the Act, if the information I seek is either not held or you believe it is more closely connected with another department or Minister of the Crown or organisation, or of a local authority you shall promptly, and in any case not later than 10 working days after the day on which the request is received, transfer the request to the other department or Minister of the Crown or organisation, or to that local authority, AND inform me accordingly.

As required under s15A of the Act, if you believe that a time extension is warranted for this request, you must under ss15A(2),(3) and (4) give notice to me of this extension within 20 working days after the day on which my request was received. In that notice, you should state; the period of the extension, give reasons for the extension and remind me of my right to complain to the Ombudsman under s28(3). Finally, the extension must be for a reasonable time, having regards to the circumstances.

As required by s18B of the Act, you must consider consulting me before refusing my request under the provisions of ss18(e) and (f) which relate to a document not being able to be found or existing or where substantial collation and research would be required for my current request.

As required by s19(a)(i), you must provide reasons if you refuse any parts of this request.

I will, if required, complain to the Ombudsman, as is my right under s28(3) of the Act, if any of the above statutory requirements on you are not complied with. Further to this, if your reply is not “as soon as reasonably practicable, and in any case not later than 20 working days after the day on which the request is received” as required under s15(1) of the Act, I will also complain to the Ombudsman.

This request is made through the site FYI.org.nz. All correspondence will be automatically forwarded to me through the site and published online immediately. I require, where appropriate, all electronic copies of all documents in your response. For more information on how the site works, please visit www.fyi.org.nz/help/about.

Yours faithfully,

Tom sellers

Dear Kathleen Smitheram,

I can confirm I was writing in respects of the Christchurch Opioid Recovery Service.

Yours sincerely,

Tom sellers

Dear Kathleen Smitheram,

I am writing to you in respects of your acknowledgment of my request for information from the Canterbury District Health Board concerning Christchurch Opioid
Recovery Service (CORS). Your acknowledgement does mention questions 7 and 8. For clarification the questions were;

(7) On your website http://www.cdhb.health.nz/ under the tab patients and visitors-- sub tab concerns about your care-- you note under the heading "Personal information and your privacy" that "There are clearly stated rules for the release of any information in the Health Information Privacy Code (1994) (HIP Code) and other legislation." Please specifically list the "other legislation" that governs the release of any information in respects of patients.
(8) If possible, please note the relevant sections and subsections that you believe that grant you the legislative authority to release/ not release patient files.
Yours sincerely,

Please acknowledge that you will deal with these questions. Conversely, please offer your reasoning for not acknowledging these questions.

Kind regards,

Tom sellers

Dear Kathleen Smitheram,

On the 20th of June 2016 I wrote to you asking you to acknowledge questions 7 and 8 of my requests. On the 20th of June you wrote back acknowledging these questions and said "I have checked the allocated request and all your questions are included"

In your response to my request for information dated July 11, 2016 you have failed to address both questions 7 and 8 directly. Additionally you have failed to provide any reasoning as to why your organization will not address these questions.

I would ask that you response to these two questions as soon as possible. Otherwise I will exercise my right under s28(3) of the Official Information Act 1982.

Yours sincerely,

Tom sellers