FairWay Resolution's Solicitor/Reviewer who is and or was responsible for the inception and maintenance of the FairWay Resolution Bench Book

David Lawson made this Official Information request to FairWay Resolution Limited

Response to this request is long overdue. By law FairWay Resolution Limited should have responded by now (details and exceptions). You can complain to the Ombudsman.

From: David Lawson

Dear Rebecca Lee FairWay Resolution Limited,

I refer to the Office of the Ombudsman's Professor Ron Paterson's Investigation into availability of the FairWay Reviewers' Benchbook under the Official Information Act in case number 399972 with Professor Paterson's Opinion and Recommendations released in May 2016 which can be found at the following website address;
http://www.ombudsman.parliament.nz/syste...

Across pages 3 and 4 of Professor Paterson's Opinion it is noted that FairWay advised the Ombudsman the following;

"Benchbook is a document produced internally by a legally qualified reviewer
member of staff at FairWay. It is a collection of case law in the Accident
Compensation area from appellate jurisdictions. The document covers various
topics and areas under the Accident Compensation Act 2001.
To compile Benchbook cases of particular relevance and significance are
researched and identified. Summaries are then produced, with extracts of
judgments included.
There is periodic update to the document, which can involve specific update
and release based on the issuing of a particular judgment, or as the result of
more general review."

OIA Requests;

1)
I request under the Official Information Act to be supplied with the name of the "legally qualified reviewer member of staff at FairWay who internally produced (and maintains/updates) the document Benchbook that FairWay Resolution Limited referred to in addressing Professor Paterson's initial request for comment on the issue of public release of FairWay's Benchbook.

2)
If the FairWay Resolution Reviewer is or was not Ms Lindy Clark, I also request to be supplied confirmation under the Official Information Act, as to whether Ms Lindy Clark has ever been involved with the production, maintenance and or updating of the FairWay Resolution Benchbook in any capacity.

3)
Please provide confirmation as to whether the same person who produced the Benchbook (which I understand according to Professor Paterson's opinion was first produced initial through Dispute Resolution Services Limited and has continued through to FairWay), was responsible for the production of the DSRL Reviewers Training Manual which has since evolved into the FairWay Resolution Limited's reviewers training manual.

4)
If the FairWay Resolution Reviewer is or was not Ms Lindy Clark who produced and maintains the FairWay Resolution Reviewers Training Manual, I also request to be supplied confirmation under the Official Information Act, as to whether Ms Lindy Clark has ever been involved with the production, maintenance and or updating of the FairWay Resolution Reviewers Training Manual in any capacity.

I would appreciate the above information requested being made available under urgency and supplied by the end of business close on Tuesday 15th November 2016. I have requested that this information be released under urgency by the specified date because;

a)
The FairWay Resolution reviewers training manual provides strong documented support, that 2 FairWay Reviewers breached my rights to be able to receive natural justice through their handling of recent review cases and the lead up to these cases. One of these reviewers has been appointed to reviews scheduled in November 2016.

b)
The official documentation requested is readily known and available at FairWay Resolution Limited.

While I am happy for the official documentation to be sent to my personal email address which you are familiar with, I would appreciate you confirming by return response through the FYI site your acceptance of providing the official information to me under urgency and in the timeframe requested, together with confirmation through FYI on the date that the PDF response has been sent to my personal email address by yourself or a representative of FairWay Resolution Limited.

I look forward to receiving the official information under urgency in the timeframe requested and thank you for your assistance.

Yours sincerely,
David Lawson

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From: Rebecca Lee
FairWay Resolution Limited


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Attachment Letter to Mr Lawson 15 November 2016.pdf
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Dear Mr Lawson

 

Further to your request for information, please find our letter of
acknowledgment of 15 November 2016 attached.

 

Yours sincerely

 

Rebecca Lee

Complaints Investigation and Privacy Officer

     

T:  03 962 9073

[1]www.fairwayresolution.com

 

[2]Facebook_LIKE[3]Twitter_FOLLOW  [4]Google-plus-icon  [5]InBug-16px_0

 

FairWay Resolution Limited  Tā te Hinengaro Tōkeke Whakatau

PO Box 841, Christchurch 8140. 16 Southwark Street, Christchurch 8011

 

 

[6]FairWay_portrait_strapline_32mm

 

 

 

Privacy Notice: Because it is important to you, privacy is central to our
values. We are committed to providing services in an ethical manner.
Personal information of applicants, claimants, complainants, employees and
business partners is processed and held in order to provide the highest
level of service. Go to http://www.fairwayresolution.com/privacy... to
view our full privacy policy and notice or email us at
[FairWay Resolution Limited request email] for further information.

References

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2. https://www.facebook.com/FairWay.Resolut...
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5. http://www.linkedin.com/company/fairway-...

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From: David Lawson

Dear Rebecca Lee,

Thank you for your reply dated 15 November 2016, to my FYI OIA request of 13 November 2016, indicating that you would reply to my FYI request for information to be made available under urgency, by the 24th November 2016.

I note that it is now the 25th November 2016 and I have yet to receive your response for the information that is readily held by FairWay Resolution and respectfully request that this information is made available to me by the end of business close today being the 25 November 2016.

I thank you for your time and assistance.

Yours sincerely,

David Lawson

Link to this

From: Rebecca Lee
FairWay Resolution Limited


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Attachment Letter to Mr Lawson 25 November 2016.pdf
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Dear Mr Lawson

 

I write further to your request for information, please find attached the
letter of response from Mr Rhys West.

 

Yours sincerely

 

Rebecca Lee

Complaints Investigation and Privacy Officer

     

[1]www.fairwayresolution.com

 

[2]Facebook_LIKE[3]Twitter_FOLLOW  [4]Google-plus-icon  [5]InBug-16px_0

 

FairWay Resolution Limited  Tā te Hinengaro Tōkeke Whakatau

PO Box 841, Christchurch 8140. 16 Southwark Street, Christchurch 8011

 

 

[6]FairWay_portrait_strapline_32mm

 

 

 

Privacy Notice: Because it is important to you, privacy is central to our
values. We are committed to providing services in an ethical manner.
Personal information of applicants, claimants, complainants, employees and
business partners is processed and held in order to provide the highest
level of service. Go to http://www.fairwayresolution.com/privacy... to
view our full privacy policy and notice or email us at
[FairWay Resolution Limited request email] for further information.

References

Visible links
1. http://www.fairwayresolution.com/
2. https://www.facebook.com/FairWay.Resolut...
3. https://twitter.com/FairWayresolve
4. https://plus.google.com/1079445054076460...
5. http://www.linkedin.com/company/fairway-...

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From: Rebecca Lee
FairWay Resolution Limited

Dear Mr Lawson

A response has just been issued to your request.

Yours sincerely

Rebecca

show quoted sections

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From: David Lawson

Dear Rebecca Lee,

I note that FairWary Resolution Limit's reply does not answer the following question;

1)
I request under the Official Information Act to be supplied with the name of the "legally qualified reviewer member of staff at FairWay who internally produced (and maintains/updates) the document Benchbook that FairWay Resolution Limited referred to in addressing Professor Paterson's initial request for comment on the issue of public release of FairWay's Benchbook.

I return to you under urgency and request that you supply me with the list of the names of the legally qualified reviewers that internally produced, and have maintained and updated the FairWay Benchbook that satisfy my request for the official information that was requested in my first question listed as 1) above from my initial request dated 13 November 2016.

I respectfully request that this information be supplied to me by the end of business close on 27 November 2016, since this information is readily available and held within FairWay Resolution Limited, and FairWay Resolution Limited's initial response to my request returned to you above appears somewhat vexatious, based on semantics, ie reviewer/reviewers, and could have been easily responded to in the first instance with a valid reply.

I thank you for your time and assistance.

Yours sincerely,

David Lawson

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From: Rebecca Lee
FairWay Resolution Limited

Dear Mr Lawson

For the purpose of the submissions made the Office of the Ombudsman the one legally qualified reviewer referred to is Ms E Askey. As noted in our response to you, over the life of the resource, different staff have been involved in the Benchbook, some who are no longer involved in the ACC dispute resolution scheme and have left FairWay.

Yours sincerely

Rebecca Lee

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From: David Lawson

Dear Rebecca Lee,

Thank you for your partial reply.

I note that you still have not answered fully my request, and for the purposes of brevity it would be appreciated if you could confirm that names of all legally qualified persons that have been engaged in the preparation, maintenance and updating of the Fairway Bench Book back through to the inception of FairWay Resolution Limited...i.e. I am not interested in the names of the legally qualified persons used by DRSL.

I request the provision of this information under urgency, together with the periods/years that each legally qualified person was engaged in the provision of the services for producing updating and maintaining the FairWay Benchbook. Please include the names of the legally trained persons hat have left the contracted services and or employ of the FairWay Resolution Limited.

Yours sincerely,

David Lawson

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Things to do with this request

Anyone:
FairWay Resolution Limited only: