Printed from https://fyi.org.nz/request/4644-student-loan-scheme-amendment-act-2014 on November 05, 2024 13:19

Student Loan Scheme Amendment Act 2014

robert mckenzie made this Official Information request to Ministry of Justice

Response to this request is long overdue. By law Ministry of Justice should have responded by now (details and exceptions). The requester can complain to the Ombudsman.

From: robert mckenzie

Dear Ministry of Justice,

Under section 26 of the New Zealand Bill of Rights Act 1990:

"26 Retroactive penalties and double jeopardy
(1)No one shall be liable to conviction of any offence on account of any act or omission which did not constitute an offence by such person under the law of New Zealand at the time it occurred.

How can an individual be charged and convicted of a crime when at the time of signing the student loan contract defaulting on the said loan was not a crime?

This is like fining a motorist for going 60km in a 60km zone that was later changed to a 50km zone then retrospectively fining them after the fact.

Does not the retrospective law change only apply to loans that were taken out after the law change?
One could argue than many students had they known that they could be arrested leaving New Zealand would never have signed up for these insidious loans.

Also do the IRD still have copies of all the original signed student loan contracts dating back to 1992 as proof of claim should the need arise?

Yours faithfully,

Robert McKenzie

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From: Cho, Teressa
Ministry of Justice

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Tēnā koe Mr McKenzie

 

I am emailing to acknowledge the receipt of your Official Information Act
1982 request of 22 September 2016 regarding the New Zealand Bill of Rights
Act 1990 and the Student Loan Scheme Amendment Act 2014.

 

We will be in touch again in due course.

 

Nāku noa, nā

 

Teressa

 

[1]Description: Teressa Cho
http://justice.govt.nz/courts/shared/jus...
Policy Advisor | Civil
Law & Human Rights

[2]www.justice.govt.nz

 

 

 

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2. http://www.justice.govt.nz/

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From: Cho, Teressa
Ministry of Justice

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Attachment 20161006 OIA request R McKenzie NZBORA and Student Loan Scheme.pdf
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Tēnā koe

 

Please find attached the response to your Official Information Act 1982
request of 22 September 2016 regarding the New Zealand Bill of Rights Act
1990 and the Student Loan Scheme Amendment Act 2014.

 

Ngā mihi

 

Teressa

 

From: Cho, Teressa
Sent: Thursday, 22 September 2016 6:39 p.m.
To: '[FOI #4644 email]'
Cc: Sye, Lauren; Dubas, Adam
Subject: Official Information request - NZBORA and the Student Loan Scheme
Amendment Act 2014

 

Tēnā koe Mr McKenzie

 

I am emailing to acknowledge the receipt of your Official Information Act
1982 request of 22 September 2016 regarding the New Zealand Bill of Rights
Act 1990 and the Student Loan Scheme Amendment Act 2014.

 

We will be in touch again in due course.

 

Nāku noa, nā

 

Teressa

 

[1]Description: Teressa Cho
http://justice.govt.nz/courts/shared/jus...
Policy Advisor | Civil
Law & Human Rights

[2]www.justice.govt.nz

 

 

 

show quoted sections

References

Visible links
2. http://www.justice.govt.nz/

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Michael Rescue left an annotation ()

Is this request still pending an answer? what is the state of the request? Who is responsible for providing this information?

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robert mckenzie left an annotation ()

I am still waiting on the Ministry of Social Development regarding the copies signed loan contracts which they have still not provided.

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Luke C left an annotation ()

The signed contracts, if still held, are probably held offsite at a records management archive warehouse.

If they have disposed of the contract, they can only do so pursuant to a disposal authority agreed to by the Chief Archivist.

I'm thinking the original contract be the responsibility of IRD.

https://www.archway.archives.govt.nz/Cal... Type in Inland Revenue and select National Office and look at DA418-20. I haven't looked at the superseded disposal authorities.

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