Request for a copy of information missing under section 1.1.13 A late claim under section 53 Page 20 of the FairWay Resolution Limited Benchbook.
From: David Lawson
Dear FairWay Resolution Limited,
I refer you to the FairWay Resolution Limited Benchbook that can be located at http://www.fairwayresolution.com/resourc....
It would be appreciated if you could supply me the guidance text material that has been removed from page 20, and which was located under "section 1.1.3" titled "A late claim under section 53."
I welcome this information being made available to me in writing and returned through the FYI.org.nz website with your response. It would also be appreciated if you would also either;
(i) Reinsert the missing legal guidance that has been removed from 1.1.3 on page 20 to the FairWay Benchbook, so that it is available to ACC claimants, their advocates and lawyers, and or
(ii) also publish through the FairWay Resolution Limited website the earlier iteration of the FairWay Benchbook that includes the missing text from page 20 that was removed from "section 1.1.3" titled "A late claim under section 53."
In addition I also respectfully request that in the first instance that a copy of the missing requested text is supplied to me under Urgency with the next 5 working days, being by the end of business close on 21 July 2017, with the balance of my request completed per the standard Official Information Act 1982 guidelines.
In satisfying section 12 (3) of the OIA 192 I advise that I require the information for review and appeal decisions on claims of covers that ACC have yet to supply written confirmation of deemed covers as obligated to under the ACC Act 2001, but have been statutorily deemed per section 58 of the Acc At 2001. FairWay will also have this information readil available and hence easily accessible for reproduction and provision to me.
I appreciate your time and assistance.
From: Rebecca Lee
FairWay Resolution Limited
Dear Mr Lawson
Thank you for your request. FairWay is no longer an organisation subject to the Official Information Act 1982. FairWay has undergone a change of ownership. With the change of ownership we not do fall within the provisions of the Act and as such there is no requirement to respond to your queries.
However we would comment that section 1.1.3 has never been populated but is a section heading only. As is clearly noted with the publication of Benchbook, this was a document produced internally for FairWay reviewers, and contains guidance material only and should not be read or relied upon as legal advice. We also note that as previously advised Benchbook will not be updated further – it was last updated December 2015.