Delegation of services to Fairway Resolution Limited by the ACC under the AC Act
Lee M. made this Official Information request to Minister for ACC
Response to this request is long overdue. By law Minister for ACC should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
From: Lee M.
Dear Minister for ACC,
The ACC has delegated its review obligations (under Part 5 - Dispute Resolution - Reviews) of the AC Act to Fairway Resolution Limited.
Under the Official Information Act I am requesting that you provide me with a copy of the resolution and written notice to the person or persons to whom the ACC Board delegated the functions and powers of the ACC and/or the Board, either generally or specifically, in relation to its statutory review obligations as abovementioned.
Refer http://www.legislation.govt.nz/act/publi...
Yours faithfully,
Lee M.
From: N Kaye
Minister for ACC
Thank you for contacting the office of Hon Nikki Kaye. The Minister
receives a high volume of correspondence and will respond to you as soon
as possible.
Thank you once again for your message,
Kind regards,
Office of Hon Nikki Kaye
T: 04 817 6837
[1][Minister for ACC request email]
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1. mailto:[Minister for ACC request email]
From: Temp1 Kaye (MIN)
Minister for ACC
Dear Lee M,
Please find attached an acknowledgement letter related to your request for
official information, dated 13 August 2016.
Best wishes,
Ashley
Ashley Heath | Acting Ministerial Secretary
Hon Nikki Kaye | Minister for ACC | Minister of Civil Defence | Minister
for Youth
Associate Minister of Education
Parliament Buildings, PO Box 18041, Wellington 6160, New Zealand
T: 04 817 8244 | F: 04 817 6537 |
[1]www.nikkikaye.co.nz | [2]www.beehive.govt.nz
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1. http://www.nikkikaye.co.nz/
2. http://www.beehive.govt.nz/
From: John Roseveare
Minister for ACC
Good morning
Please find attached the response from Hon Nathan Guy to your request
under the Official Information Act 1982 to Hon Nikki Kaye, Minister for
ACC, of 13 August 2016.
John Roseveare
Private Secretary to the Minister for ACC
[1][email address]
Private Bag 18041 | Wellington 6160
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1. mailto:[email address]
From: Lee M.
Dear Honourable Guy
Thank you for your reply.
As an adjunct to my original OIA request, can you please advise me what is the relevant legislation that authorised and empowered the ACC to delegate its review obligations and responsibilities under the AC Act to Fairway Resolution Limited. In this regard, please quote the statute/s and the respective part/s and section/s.
In appreciation.
Yours sincerely,
Lee M.
From: Alex Martin
Minister for ACC
Dear Ms M
Attached is a reply to your email dated 15 September.
Kind Regards
Alex
Alexandra Martin | Private Secretary (Executive Support)
Office of Hon Nikki Kaye | Minister for ACC | Minister of Civil Defence | Minister for Youth | Associate Minister of Education | MP for Auckland Central
Parliament Buildings, PO Box 18041, Wellington 6160, New Zealand
T: +64 4 817 8244
From: Lee M. [mailto:[FOI #4438 email]]
Sent: Thursday, 15 September 2016 6:14 p.m.
To: John Roseveare
Subject: Re: Response from Hon Nathan Guy
Dear Honourable Guy
Thank you for your reply.
As an adjunct to my original OIA request, can you please advise me what is the relevant legislation that authorised and empowered the ACC to delegate its review obligations and responsibilities under the AC Act to Fairway Resolution Limited. In this regard, please quote the statute/s and the respective part/s and section/s.
In appreciation.
Yours sincerely,
Lee M.
show quoted sections
From: Government Services
Please refer to the attached letter.
Yours sincerely
Government Services
Disclaimer:
"This message and any attachments may contain confidential and privileged
information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
email together with all attachments. If you are not the intended
recipient, you are not authorised to use or copy this message or any
attachments or disclose the contents to any other person."
From: Lee M.
Dear Government Services,
Kindly note that Section 16(2) of the OIA requires you to make the information available in the way preferred by the person requesting it, and my preferred way is through the FYI website. I therefore require you to provide me with the requested information here.
Yours sincerely,
Lee M.
From: Government Services
Dear Lee M,
In order to maintain the efficient administration of ACC, all responses to you will be provided as per your updated communication plan and not in the way preferred by you. This decision is in line with section 16(2)(a) of the Act.
Yours sincerely,
Government Services
show quoted sections
From: Lee M.
13/8 15/9 and 22/10
Dear ACC Government Services and Mr David O'Riley at ACC's Wellington Central Branch
I refer to the written and signed authority provided by my wife and copied to the ACC and its lawyers that empowers me to communicate with both aforementioned bodies on her behalf.
I note that you have not replied to my wife's information requests of 13 August 2016 and the adjunct to that of 15 September 2016, and that this is despite her having advised you on 22 October 2016 that her preferred way of receiving the requested information is through the FYI website.
I have witnessed over a period of more than 4 years how often the ACC has acted frivolously and vexatiously in communicating with my wife and in particular regard to her Official Information and Privacy Act requests. That you are well aware of the negative effects this has had on her yet have done this once again is unsurprising but reprehensible.
You have breached the Official Information Act by failing to provide the requested information inside the legislated timeframe.
I will be complaining to the Ombudsman on my wife's behalf in due course.
Yours sincerely,
Husband of Lee M.
From: Government Services
Dear Lee M
We refer to your Official Information Act request of 15 September 2016
which was transferred to ACC.
Due to the impact of the North Canterbury earthquake, ACC’s head office
was closed over the period 14-23 November 2016. A response was therefore
not able to be provided to you within the legislative timeframe of the
Act.
We apologise for the delay in responding to you and wish to assure you
that work is underway to provide you with a decision on your request as
soon as possible.
Thank you for your understanding in this matter.
Yours sincerely
Government Services
Disclaimer:
"This message and any attachments may contain confidential and privileged
information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
email together with all attachments. If you are not the intended
recipient, you are not authorised to use or copy this message or any
attachments or disclose the contents to any other person."
From: Government Services
Dear Lee M
A response to this request has been provided to your private address. This
decision is in line with section 16(2)(a) of the Act.
Yours sincerely
Government Services
Disclaimer:
"This message and any attachments may contain confidential and privileged
information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
email together with all attachments. If you are not the intended
recipient, you are not authorised to use or copy this message or any
attachments or disclose the contents to any other person."
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
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Lee M. left an annotation ()
12/09/2016 at`10.59 p.m.
I have again been compelled to complain to the Ombudsman because the ACC chooses to ignore its legislated obligations and responsibilities.
Link to this