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
From: Cho, Teressa
Ministry of Justice
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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From: Cho, Teressa
Ministry of Justice
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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
--------------------------------------------------------------------------
Confidentiality notice:
This email may contain information that is confidential or legally
privileged. If you have received it by mistake, please:
(1) reply promptly to that effect, and remove this email and the reply
from your system;
(2) do not act on this email in any other way.
Thank you.
--------------------------------------------------------------------------
References
Visible links
2. http://www.justice.govt.nz/
hide quoted sections
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.
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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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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